The HC dismissed a writ petition challenging rejection of an ...

Foreign Trade Policy Advance Authorization Application Rejection Challenge Dismissed Due to Lack of Territorial Jurisdiction Under Article 226

March 10, 2025

Case Laws     Customs     HC

The HC dismissed a writ petition challenging rejection of an Advance Authorisation application, ruling it lacked territorial jurisdiction under Article 226. Applying the doctrine of forum non-conveniens, the court held that merely because part of the cause of action arose in Delhi did not automatically confer jurisdiction. Following Supreme Court precedents in Kusum Ingots and State of Goa cases, the HC determined that even if a small part of cause of action arises within its territorial jurisdiction, this factor alone is not determinative. The court concluded it was neither the appropriate forum with territorial jurisdiction nor the forum conveniens to adjudicate the dispute, resulting in dismissal of the petition.

View Source