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TMI Blog2020 (9) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... AND OTHERS VERSUS THE UNION OF INDIA AND ANOTHER [ 2017 (11) TMI 1910 - PUNJAB AND HARYANA HIGH COURT] and other similar cases though the initiation of the writ proceedings before this High Court was clearly unsustainable and an abuse of jurisdiction. The filing of the present writ petition before this High Court was not bonafide. The writ petition deserves to be dismissed with exemplary costs. Dismissed with costs of ₹ 1,00,000/- to be deposited by the petitioners with the PM-CARES Fund. - CWP-11209-2020 (O&M) - - - Dated:- 4-8-2020 - Mrs. Justice Alka Sarin For the Petitioners : Mr. Mukul Goyal, Advocate For the Union of India : Mr. Bhuwan Vats, Standing Counsel ORDER ALKA SARIN, J. (ORAL) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since the petitioners wish to invest in a company within the jurisdiction of this Court, hence, the present writ petition has been filed. In the present case, admittedly, both the petitioners are residents of Mumbai and the company-respondent no.4 itself is registered with the Registrar of Companies, Mumbai (respondent no.3) and has no connection with the Registrar of Companies, Punjab and Chandigarh (respondent no.2). The counsel for the petitioners has been unable to show how the present writ petition was maintainable before this Court. There is no ground whatsoever made out for invoking the jurisdiction of this Court under Articles 226/227 of the Constitution of India inasmuch as neither the petitioners are residents of Punjab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertain a writ petition if the cause of action to file such a writ petition against the respondents of the said writ petition has arisen wholly or in part within the territorial jurisdiction of the High Court. In the case of ONGC vs. Utpal Kumar Basu, (1994) 4 SCC 711, the Apex Court inter-alia held as under : 5. Clause (1) of Article 226 begins with a non obstante clause notwithstanding anything in Article 32 and provides that every High Court shall have power throughout the territories in relation to which it exercises jurisdiction , to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, for the enforcement of any of the rights conferred by Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... territorial jurisdiction of this Court. In the same matter referred to above, the Supreme Court further held that : It must be remembered that the image and prestige of a court depends on how the members of that institution conduct themselves. If an impression gains ground that even in cases which fall outside the territorial jurisdiction of the court, certain members of the court would be willing to exercise jurisdiction on the plea that some event, however trivial and unconnected with the cause of action had occurred within the jurisdiction of the said court, litigants would seek to abuse the process by carrying the cause before such members giving rise to avoidable suspicion. That would lower the dignity of the institu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d firm, the High Court of Calcutta seems to have exercised jurisdiction where it had none by adopting a queer line of reasoning. We are constrained to say that this is case of abuse of jurisdiction and we feel that the respondent deliberately moved the Calcutta High Court ignoring the fact that no part of the cause of action had arisen within the jurisdiction of that Court. It clearly shows that the litigation filed in the Calcutta High Court was thoroughly unsustainable. The present writ petition seems to have been filed only to gain benefit of the interim order (Annexure P-7) passed by this Court in CWP. No.24977 of 2017 Gurdeep Singh Ors. Vs. Union of India Anr. and other similar cases though the initiation of the writ proce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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