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TMI Blog2021 (5) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitution of India. The Honourable Supreme Court in Kusum Ingot s And Alloy versus Union of India [ 2004 (4) TMI 342 - SUPREME COURT] has observed that even though in a given case, where the original authority is constituted at one place and the appellate authority is constituted at another, a writ petition would be maintainable at both the places as order of the appellate authority constitutes a part of cause of actionnever the less ultimately held that even if a small part of cause of action arises within the territorial jurisdiction of the High Court, the same by itself may not be considered to be a determinative factor compelling the High Court to decide the matter on merits. In appropriate cases, the Court may refuse to exercis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner but also the contesting respondents namely respondent No. 2 and 3 are within the jurisdiction of the Karnataka High Court and therefore this Court had no jurisdiction. 4.Today when the case was taken up for hearings, learned counsel for the respondent drew attention to the order passed by in Division Bench of this court in Mulberry Silks Ltd. Versus The Settlement Commission [2020] 428 ITR 136 (Madras). 5 . The counsel for the petitioner has brought to the attention of this court to the decision of the Supreme Court rendered in Commissioner of Customs and Central Excise versus Gao Ispat Ltd 2017 (50) STR 118 (Supreme Court) wherein the Honourable Supreme Court has held that the petition ought to have been filed by the De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of cause of action arises within the territorial jurisdiction of the High Court, the same by itself may not be considered to be a determinative factor compelling the High Court to decide the matter on merits. In appropriate cases, the Court may refuse to exercise its discretionary jurisdiction by invoking the doctrine of forum conveniens . 9.As the writ petitions have not been admitted, and since the contesting respondents have raised objection regarding the jurisdiction at the time of admission that the contesting respondents are located outside the jurisdiction of this court and within the jurisdiction of the courts in Karnataka, these writ petition are liable to be dismissed on the ground of forum conveniens. 10. Therefore, these w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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