2002 (2) TMI 829 - HC - Central Excise

Summary

Issues:
1. Jurisdiction of the High Court in connection with notice of attachment issued under Customs Rules.
2. Applicability of Art. 226 and Art. 227 of the Constitution of India.
3. Interpretation of territorial jurisdiction in relation to cause of action.
4. Determining jurisdiction based on the location of the Tribunal's order.
5. Application of non-obstante clause under Article 226(2) in territorial jurisdiction.

Analysis:

1. The judgment concerns the jurisdiction of the High Court regarding a notice of attachment issued under Customs Rules. The Court noted that the attachment was issued by the Deputy Commissioner, Customs and Central Excise in Bihar, and the inventory was conducted in Gaya. As such, the Court found that the petitioners could not seek relief within the jurisdiction of the Calcutta High Court.

2. The Counsel for the petitioners argued that the application was interim in nature, and they would respond appropriately during the main writ petition hearing. They also cited an order by CEGAT, Eastern Regional Bench, Calcutta, which they believed gave the Calcutta High Court jurisdiction under Art. 226(2) and Art. 227 of the Constitution of India.

3. The Court emphasized the importance of checking records when jurisdiction is contested. Despite the order by CEGAT in Calcutta, the Court found that all relevant events occurred outside its territorial jurisdiction in Gaya, Bihar. The Court highlighted Art. 226(2), which allows the High Court to exercise jurisdiction where the cause of action arises, wholly or in part, regardless of the location of the parties involved.

4. The respondents argued that the application fell under Art. 226 and not Art. 227, asserting that the Calcutta High Court did not have jurisdiction over matters outside its territory. The Court clarified that the location of the Tribunal does not determine jurisdiction, and the order of CEGAT in Calcutta regarding a matter in Bihar did not establish part of the cause of action within the Calcutta High Court's jurisdiction.

5. The Court applied the non-obstante clause under Article 226(2) to address territorial jurisdiction issues. It stated that even if the CEGAT order was from Calcutta, it did not create a cause of action within the Calcutta High Court's jurisdiction. Referring to a previous judgment, the Court dismissed both applications and the writ petition, vacating any interim orders, and decided not to award costs.

In conclusion, the judgment delves into the complexities of territorial jurisdiction, the application of constitutional provisions, and the significance of the location of events in determining the High Court's jurisdiction over a matter involving customs rules and attachment notices.