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TMI Blog2022 (10) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued. The Respondents have also not disputed that the Petitioner acts as a Resolution Professional and has work on hand at Mumbai - The power conferred upon the High Court to issue directions, orders or writs can be exercised by the High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power. The Court exercising power under Article 226 of the Constitution can issue writs detailed under clause 1 to the person or authority situated beyond its territorial jurisdiction provided cause of action wholly or partly arises within the territorial jurisdiction of the court entertaining the Writ Petition. The Respondents have not disputed that the Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s (ICSI and IIP) and an Insolvency Professional (IP) registered with Insolvency and Bankruptcy Board of India. 3. The Registration of Petitioner as Insolvency Professional is suspended for a period of three years under the impugned order dated 24.06.2022. The same is assailed in the present Writ Petition. The learned counsel for the Respondents raised a preliminary objection of the territorial jurisdiction to entertain the Writ Petition of this court. In light of that, the learned counsel advanced arguments on the issue of territorial jurisdiction on 30.08.2022. The issue of territorial jurisdiction is decided under the present order. 4. Mr.Vijayan the learned counsel for the Respondent strenuously contends that the order of suspensio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal pursuant to the order dated 21.08.2019 passed by NCLT Delhi with respect to the Corporate Office registered at Delhi. Petitioner has taken charge of the Corporate data registered at Delhi. Respondent conducted inspection / investigation in respect of the conduct of the Petitioner as a Resolution Professional at Delhi. Show cause notice was issued by the Respondent at Delhi. The final suspension order was also passed in Delhi and as such no part of cause of action has arisen within the territorial jurisdiction of this court. 8. The learned counsel relies on the judgment of the Apex Court in the case of Oil and Natural Gas Commission vs. Utpal Kumar Basu and Others (1994) 4 SCC 711 dated 23.06.1994 to contend that the question of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ground to hold that this court would not exercise its jurisdiction. 12. The learned counsel for the Petitioner relies upon the judgment of the Apex Court in the case of Shanti Devi Alias Shanti Mishra vs. Union of India and Others (2020) 10 SCC 766 to contend that convenience of an employee is to prosecute his case at the place from he belongs to and receive the benefit. In such a case principle of forum conveniens applies. 13. The learned counsel also relies on the judgment of the Apex Court in the case of Oil and Natural Gas Commission (Supra) and submits that notwithstanding that the seat of such authority or the residence of the person against whom direction, order or writ is issued, the matter can be filed before the court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition. 17. Place of work of the Petitioner and /or Respondent may not be much relevant in deciding the jurisdictional aspect. The place of residence of the Petitioner would not be relevant. However, what is relevant is that the cause of action, wholly or in part arises within the territorial jurisdiction of the Court. The determinative factor is the place of accrual of cause of action or part of cause of action. 18. It does not appear to be a matter of debate that the show cause notice was issued to the Petitioner by the Respondents and subsequent thereto, the order of suspension for the acts of omissions and commissions in respect of the proceedings against Innovari Technologies Pvt. Ltd. at Delhi. 19. Heavy reliance is placed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... da. 22. The Petitioner is also appointed in voluntary liquidation of Gulf India Ltd. before NCLT Mumbai Bench. The effect of the impugned order of suspension will be felt by the Petitioner even in the State of Maharashtra. 23 Pursuant to the order of suspension, the Petitioner would not be in a position to work as a Resolution Professional with the assignments on hand in the State of Maharashtra. As observed, the Petitioner is already having assignments in the State of Maharashtra as a Resolution Professional. As the effect of the impugned order will be felt by the Petitioner in the State of Maharashtra, it can safely be concluded that part of cause of action has arisen with the territorial jurisdiction of this court. Reliance can be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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