1986 (8) TMI 70 - HC - Central Excise

Summary

Issues:
1. Territorial jurisdiction of the High Court at Calcutta to entertain the writ proceedings.
2. Abuse of the process of the Court by filing the writ petition in Calcutta when the cause of action arose in Bihar.
3. Refraining from passing interim orders staying the realization of taxes in fiscal matters involving indirect taxes.

Analysis:
1. The High Court at Calcutta examined the territorial jurisdiction issue in the context of an application for stay of an order passed by a trial judge. The Court noted that the cause of action did not fall within its jurisdiction based on the location of the records and the activities of the parties involved. Referring to relevant Supreme Court judgments, the Court concluded that the proceedings could have been appropriately moved before the High Court at Patna or its Ranchi Bench. The Court emphasized that the abuse of process was evident as the entire cause of action, including adjudication and appeals, arose outside the territorial limits of the Calcutta High Court.

2. The Court found that the writ petition filed under Article 226 of the Constitution in Calcutta was a serious abuse of the court's process. It highlighted that the registered company of the applicant was in Calcutta, but the manufacturing activity and all relevant actions took place in Bihar. The Court reiterated that the remedy sought should have been pursued before the Patna High Court, Ranchi Bench, where the cause of action arose. Emphasizing the limitations of Article 226 and the need for judicial restraint, the Court rejected the application and cautioned against extending jurisdiction beyond the appropriate venue.

3. In the context of fiscal matters involving indirect taxes, the Court discussed the implications of passing interim orders staying the realization of taxes. Citing the Supreme Court's stance on the balance of public convenience and economic impact, the Court concluded that granting a stay in this case would not be appropriate. Highlighting the significant amounts involved and the potential adverse effects on public funds and economic activities, the Court emphasized the importance of timely tax realization for effective governance. Consequently, the Court rejected the application for stay and ordered the dismissal of the appeal with costs assessed. The Court also clarified that the order did not determine the underlying merits of the case.