Dismissed

M/S. Galaxy Ameze Kingdom v. Union of India

Madras HC10 Apr 2023WP/28645/2006

Case brief

AI extract

What is this about?

The Madras High Court dismissed a writ petition seeking a declaration that proceedings under Section 138 NI Act outside agreed jurisdiction are invalid. The court held the prayer was premature, pleaded specifically, and lost relevance due to pendency developments. Petition disposed.

What did the court decide?

Petition disposed of; No order as to costs; Connected miscellaneous petitions closed.

M/S. Galaxy Ameze Kingdom Vs Union of India — Contract and Commercial Disputes | Madras HC (2023)

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W.P.No.28645 of 2006

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.04.2023

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CORAM :

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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W.P.No.28645 of 2006 and

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M.P.Nos.1 & 2 of 2007

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M/s.Galaxy Ameze Kingdom Limited

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14, Main Street Venugopal Nagar Chennai – 600 062.

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Petitioner

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Union of India

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Rep. by Secretary to Government Law Department, New Delhi.

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The Branch Manager United Bank of India

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T.Nagar Branch, Chennai – 600 017.

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M/s.Sangam Textile

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18/14A South Street, Sugarayak Colony Nanimedu, Madurai – 1.

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M/s.Prime Sun Services Prop.K.Balu

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919, Avinashi Road, Coimbatore.

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M/s.Amman Agency

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No.J.33, Customs Staff Quarters Sakthi Nagar, Karumandapam Trichy – 620 001.

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M/s.Raja Agencies

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F-57, Corporation Shopping Complex Periyar Bus Stand

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https://www.mhc.tn.gov.in/judis

Page 1 of 6

W.P.No.28645 of 2006

Madurai – 1.

M/s.Sam Agency P.S.Deva ASIR WGC Road, Tuticorin – 2.

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M/s.Venkateswara No.267, Main Road Chattiram Goundapuram (Po) Dharmapuram Taluk.

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M/s.Madhan Raj Pharmaceutical 20 Rudhaliax Colony Sathamangalam, Anna Nagar Madurai – 20.

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M/s.Shankareswarar Steels

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5, Sarangapani Sannathi Kumbakonam.

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M/s.Teja Agencies No.9-65-11, Sai Buildings Sykamvari Street Kothapet, Vijayawada – 1.

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M/s.Veera Enterprises 2-4-135 Linga Reddy Mansion Linga Reddy Mansion Tarbund Sikh Village Secundrabad – 9.

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M/s.Sri Lakshmi Distributors

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31, Sarojini Devi Road Tirupathi – 517 507.

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M/s.Airavata Commercial Agency

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11/2-3 Bannarghatta Road Audugodi (Wilson Garden), Bangalore.

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M/s.N.R.Distributors

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https://www.mhc.tn.gov.in/judis 84/21 (1) Fazal Ganj, Kanpur – 208 012.

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Page 2 of 6

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W.P.No.28645 of 2006

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M/s.Bilwa Enterprises No.1020, Ground Floor 12^th 'A' Main Road Hal II Stage , Indira Nagar Bangalore – 560 038.

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M/s.Blaze No.280/A/19, Sreelokam 15^th Ranch, 38^th Cross 4^th 'T' Block, Jaya Nagar Bangalore – 560 041.

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M/s.Mobile India Marketing Agency High School Road, P.O.Othukkungai Kerala – 678 528.

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M/s.RAthna Enterprises 573, First Main Nagentra Block BSK 1^st Stage, Bangalore – 560 050.

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M/s.Jovial Enterprises Diana Bhavan, Kottiyam Kerala – 691 571.

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.. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that in cases where jurisdiction is restricted between the parties by an agreement in business transactions at a particular place any proceeding launched outside the agreed jurisdiction even under Section 138 Negotiable Instruments Act is not valid and binding insofar as the petitioner is concerned.

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For Petitioner : No Appearance For Respondents : Mr.J.Madanagopal Rao Senior Panel Counsel for R1

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https://www.mhc.tn.gov.in/judis

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Page 3 of 6

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W.P.No.28645 of 2006

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Mr.K.Mahendran for M/s.Mchan Law Firm for R2 Mr.S.V.Subramanian for R6 Mr.J.Stalin for R7 Mr.P.Suresh for R8 Mr.Manoj Sreevalsan for R3 and R10 No appearance for R15 to R20 R4, 5, 9, 11 to 14, 16 to 19 dispensed vide order dated 17.08.2015

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ORDER

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The relief sought for in this writ petition is to declare that in cases where jurisdiction is restricted between the parties by an agreement in business transactions at a particular place, any proceeding launched outside the agreed jurisdiction even under Section 138 of the Negotiable Instruments Act is not valid and binding insofar as the petitioner is concerned.

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https://www.mhc.tn.gov.in/judis

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The petitioner is a company and the relief as such sought for

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Page 4 of 6

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W.P.No.28645 of 2006

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by filing a writ petition in the year 2006 lost its relevance on account of various developments that occurred during the pendency of the writ petition.

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That apart, the relief as such sought for is premature and only

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in the event of specific grievance with reference to the agreements, the parties have to approach the competent Court of law and such a direction, as such sought for in the present writ petition, cannot be granted and if at all any grievance exists from and out of the terms and conditions of the agreement or otherwise, the petitioner is at liberty to approach the competent forum for the purpose of redressal of the same.

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With these observations, the writ petition stands disposed of.

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There will be no order as to costs. Consequently, the connected miscellaneous petitions are also closed.

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Index : Yes/No 10.04.2023 Neutral Citation : Yes/No

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drm To:

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The Secretary to Government Union of India Law Department, New Delhi.

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https://www.mhc.tn.gov.in/judis

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Page 5 of 6

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W.P.No.28645 of 2006

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S.M. SUBRAMANIAM, J.

drm

W.P.No.28645 of 2006

10.04.2023

https://www.mhc.tn.gov.in/judis

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M/S. Galaxy Ameze Kingdom v. Union of India

Case brief

What is this about?

What did the court decide?

M/S. Galaxy Ameze Kingdom v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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