Allowed

Ms Shivam Iron And Steel Co. Ltd. through Its Manager Finance Cum Authorized Signatory Ranjeet Kr Tiw v. Mahanadi Coalfields Limited through Its Managing Director and Anr.

Jharkhand HC6 Apr 2018LPA/235/2016

Case brief

AI extract

What is this about?

This Letters Patent Appeal challenged the dismissal of a writ petition on the ground of want of jurisdiction. The High Court held that a cause of action arose in Jharkhand, granting it territorial jurisdiction. The appeal was allowed; the impugned order was quashed, and the matter was remanded to the Single Judge for re-hearing on merit.

What did the court decide?

The order dated 06.05.2016 was quashed and set aside. Letters Patent Appeal allowed. W.P.(C) No.4516 of 2015 revived and remanded to the Single Judge for re-hearing on merit.

Ms Shivam Iron And Steel Co. Ltd. through Its… — Company and Corporate | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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L.P.A. No.235 of 2016

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M/s Shivam Iron & Steel Co. Ltd., a Company registered under the Companies Act, 1956 having its registered office at Chowk Bazar, Giridih through its Manager (Finance)-cum-Authorized Signatory, Ranjeet Kumar Tiwary, son of Ram Nath Tiwary, resident of Mohalla-Alkapuri, Main Road, Giridih, Jharkhand. ……Petitioner/Appellant

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Versus

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Mahanadi Coalfields Limited, a Company registered under the Companies Act, 1956 through its Managing Director having its registered office at Jagruti Vihar, Burla, District Sambalpur, Odisha768020.

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The General Manager (S & M), Office of the General Manager (S & M), Mahanadi Coalfields Limited, Jagruti Vihar, District Sambalpur, Odisha768020. ……Respondents/Respondents

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----Coram: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR JUSTICE RAJESH KUMAR

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----For the Appellant : Mr. Sumeet Gadodia, Advocate For the Respondents : Mr. Anoop Kumar Mehta, Advocate

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15/Dated 6^th April, 2018 Per D. N. Patel. A. C. J.

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1. This Letters Patent Appeal has been preferred by the appellant (original petitioner) being aggrieved and feeling dissatisfied by the order dated 06.05.2016 passed by the learned Single Judge in W.P.(C) No.4516 of 2015, whereby the writ petition preferred by this appellant (original petitioner) was dismissed, mainly on the ground for want of jurisdiction.

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2. We have heard counsel for both sides and looking to the facts and circumstances of the case, it appears that the main grievance ventilated in the writ petition is about payment of Rs.18,19,300.00 by the respondent No.1 vide Letter dated 22^nd May, 2015 (Annexure-16 to the memo of this appeal). It further appears that there is contractual obligations of the parties, namely, this appellant (original petitioner) and the respondents by the virtue of the Fuel Supply Agreement. Thus, the goods to be supplied by the respondents ought

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to be moved by the appellant. Appellant is having unit in the State of Jharkhand and appellant’s movable or immovable property are also within the State of Jharkhand. If the decree is to be executed and ultimate amount is not paid and if any order of the Competent Court is passed, it can be executed within the State of Jharkhand and the amount can be recovered from the movable or immovable properties situated within the State of Jharkhand, as part of cause of action has arisen within the State of Jharkhand and as per Article 227 of the Constitution of India, this Court has power, jurisdiction and authority to decide the issue on merit.

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3. Looking to this aspect of the matter, there is territorial jurisdiction with this High Court. As the learned Single Judge has dismissed the writ petition only on the ground for want of jurisdiction, we, hereby, quash and set aside the order dated 06.05.2016 passed by the learned Single Judge in W.P.(C) No.4516 of 2015 and on merit, learned Single Judge has not yet found any opinion or given any reason, we are not concluding of the argument on the merit of the matter and the matter is, therefore, remanded. We, hereby, revive W. P. (C) No. 4516 of 2015 to its original number. We, hereby, request to the learned Single Judge to expedite and re-hear the W. P. (C) No. 4516 of 2015.

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4. With these observations, this Letters Patent Appeal is allowed and disposed of.

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(D.N. Patel, A.C.J.)

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(Rajesh Kumar, J.)

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Ravi-kamlesh/-

Ms Shivam Iron And Steel Co. Ltd. through Its Manager Finance Cum Authorized Signatory Ranjeet Kr Tiw v. Mahanadi Coalfields Limited through Its Managing Director and Anr.

Case brief

What is this about?

What did the court decide?

Ms Shivam Iron And Steel Co. Ltd. through Its Manager Finance Cum Authorized Signatory Ranjeet Kr Tiw v. Mahanadi Coalfields Limited through Its Managing Director and Anr.

Case brief

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What did the court decide?

What the court decided

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