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TMI Blog2023 (7) TMI 1553X X X X Extracts X X X X X X X X Extracts X X X X ..... er to invoke the jurisdiction of this Court. The Court will be guided by the doctrine of forum conveniens has recognized by the Hon'ble Supreme Court in KUSUM INGOTS & ALLOYS LTD. VERSUS UNION OF INDIA [2004 (4) TMI 342 - SUPREME COURT]. The doctrine is being followed universally by all the Courts in the Courts. The party invoking the writ jurisdiction has to disclose that the integral facts pleaded in support of the cause of action do constitute a cause empowering the high court to decide the dispute and that, at least, a part of the cause of action to move the high court arose within its jurisdiction. Such pleaded facts must have a nexus with the subject matter of challenge based on which the prayer can be granted. In this case, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.12.2019 through e-mail. 3. The petitioner has filed this writ petition before this Court on the ground that the petitioner participated on e-auction from Chennai. It is further case of the petitioner that the petitioner had made payments from Chennai and therefore the petitioner was entitled to file this writ petition before this Court although, both the respondents are outside the jurisdiction of this case in the State of Andhra Pradesh. 4. The learned counsel for the second respondent has opposed to the writ petition stating that no part of cause of action has arisen before this Court and therefore the writ petition filed by the petitioner is liable to be dismissed. 5. The learned counsel for the respondents has relied on the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction' is the material facts which are imperative for the writ petitioner to plead and prove to obtain relief as claimed. Determination of the question as to whether the facts pleaded constitute a part of the cause of action, sufficient t o attract clause (2) of Article 2 26 o f the C onstitution, would necessarily involve an exercise by the high court to ascertain that the facts, as pleaded, constitute a material, essential or integral part of the cause of action. In so determining, it is the substance of the matter that is relevant. It, therefore, follows that the party invoking the writ jurisdiction has to disclose that the integral facts pleaded in support of the cause of action do constitute a cause empowering the high court to decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 226 of the Constitution, would necessarily involve an exercise by the High court to ascertain that the facts, as pleaded, constitute a material, essential or integral part of the cause of action. In so determining, it is the substance of the matter that is relevant. 9. Thus, it was held that the party invoking the writ jurisdiction has to disclose that the integral facts pleaded in support of the cause of action do constitute a cause empowering the high court to decide the dispute and that, at least, a part of the cause of action to move the high court arose within its jurisdiction. Such pleaded facts must have a nexus with the subject matter of challenge based on which the prayer can be granted. 10. In this case, the Officers of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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