9911796707
TMI Blog1995 (11) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... appear that no part of the cause of action has arisen within the territorial jurisdiction of this court. Learned counsel points out from the tender notice which is contained in Annexure 'E' to the application for vacating that tender was issued from New Delhi. Clauses 3 and 6 of the said tender which read as follows : 3. Eligibility of tenderers : Tenders are invited only from firms who are actually engaged in the manufacture of Calcium Propionate and who can undertake the supply within a reasonable period of receipt of supply orders (see Clause 9). Tenders submitted by commission agents/traders/interdiaries or those having no manufacturing capacity of their own for supply of the same will not be considered. Tender form obtaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board of Trustees, Calcutta Port v. Bombay Flour Mills Private Ltd. Anr. reported in 1994(3) AIR SCW 4855. It is further submitted that even in this case the records of the case are lying at Delhi, and in that view of the matter, this court cannot issue any Writ of Certiorari. It is further submitted that in any event, the petitioners having opted for submitting themselves to the jurisdiction of the, court at Delhi, are estopped and precluded from contending that this court has jurisdiction to entertain this writ application. Reliance in this connection has been placed in the case of A.B.C. Laminart Pvt. Ltd. and Am. v. A.P. Agencies, Salem, reported in AIR 1989 SC 1239. 2. Mr. Mukherjee appearing on behalf of the writ petitioners ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in support of his aforementioned contention has relied on a decision of Delhi High Court in the case of M/s. Raipur Alloys Steel Ltd. v. Union of India, reported in AIR 1988 Delhi 53. Learned counsel points out that from the writ application itself it would appear that the writ petitioners had been lowering the rates to a great extent and keeping in view the fact that negotiations used to take place by way of exception and not as a matter or rule, and further in view of the fact that this time the company received a legal advice that no such negotiation need be taken recourse to, the tender of the applicant Messrs. Calpro Food (Pvt.) Limited was accepted. It is submitted that the allegation of conspiracy as against the respondent Nos. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side the jurisdiction of this court. Only because the Modern Food Industries has one of its offices at Calcutta, the same by itself would not give rise to a cause of action, in as much as, there is nothing to show that the said office has anything to do with the tender in question. In (1994) 4 SCC 711 (Supra), the Apex Court held as follows : From the facts pleaded in the writ petition, it is clear that NICCO invoked the jurisdiction of the Calcutta High Court on the plea that a part of the cause of action had arisen within its territorial jurisdiction. According to NICCO, it became aware of the contract proposed to be given by ONGC on reading the advertisement which appeared in the Times of India at Calcutta. In response thereto, it s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstrued as conveying rejection of the offer as that fact occurred on 27.1.1993. We are, therefore, of the opinion that even if the averments in the writ petition are taken as true, it cannot be said that a part of the cause of action arose within the jurisdiction of the Calcutta High Court. 6. Following the aforementioned decision, a learned single Judge of this Court in 99 CWN 307 (Supra) categorically held as follows : Be it noted further that Metal Scrap Trade Corporation, though, has office at Calcutta, but that does not mean and imply that this Court will have jurisdiction pertaining to a tender issued from Vizag and when the supply under the tender was also to be effected from Vizag. 7. It is now well settled also that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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