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2024 (11) TMI 602 - HC - Indian Laws


Issues Involved:
1. Territorial Jurisdiction
2. Forum Shopping
3. Suppression of Material Facts
4. Validity of Permissions and Attachments

Issue-wise Detailed Analysis:

1. Territorial Jurisdiction:
The primary issue was whether the Delhi High Court had the territorial jurisdiction to entertain the writ petitions. The court noted that the entire cause of action occurred in Tamil Nadu, involving parties and properties located there. The court referenced the Supreme Court's decision in Kusum Ingots & Alloys Ltd. v. Union of India, emphasizing that even if a small part of the cause of action arises within a jurisdiction, it does not compel the High Court to exercise its jurisdiction. The court also cited State of Goa v. Summit Online Trade Solutions (P) Ltd., stressing that the material facts must constitute a cause empowering the High Court to decide the dispute. The court concluded that the mere presence of the National Medical Commission's head office in Delhi does not confer jurisdiction, as the cause of action arose entirely in Tamil Nadu.

2. Forum Shopping:
The court addressed the issue of forum shopping, where the petitioner, after being unsuccessful before the Madras High Court, approached the Delhi High Court. The court found this conduct unacceptable, noting that the petitioner had previously filed similar petitions in Tamil Nadu, which were withdrawn without any recorded liberty to file fresh petitions elsewhere. The court emphasized that such conduct, attempting to choose a favorable forum, cannot be condoned.

3. Suppression of Material Facts:
The respondents argued that the petitioner suppressed material facts, including the issuance of permissions to the Kanyakumari Medical Mission Research Centre, which were pivotal to the relief sought. The court found merit in this argument, noting that the petitioner failed to disclose these facts to the Delhi High Court, despite having made submissions before the Madras High Court. The court held that this suppression warranted dismissal of the petition.

4. Validity of Permissions and Attachments:
The petitioner contended that the permissions granted to St. Alphonsa Trust were based on fraudulent applications and should be quashed due to an operative attachment order. However, the court noted that the Madras High Court had stayed the attachment order, and thus, the ground for seeking directions against the respondents was not tenable. The court emphasized that the civil disputes were already being addressed in Tamil Nadu courts, and the petitioner had previously sought similar reliefs there.

Conclusion:
The Delhi High Court dismissed the petitions on the grounds of lack of territorial jurisdiction, forum shopping, and suppression of material facts. The court imposed costs on the petitioner and granted liberty to approach the appropriate court in Tamil Nadu for redressal. The judgment emphasized the principles of territorial jurisdiction, the doctrine of forum conveniens, and the importance of full disclosure in legal proceedings.

 

 

 

 

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