Delhi High Court - Orders
M/S Tpf Engineering Pvt. Ltd. And Ors vs Union Of India And Ors on 3 June, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9362/2022
M/S TPF ENGINEERING PVT. LTD. AND ORS. ..... Petitioners
Through: Mr.Rajiv Nayyar, Sr. Adv. with
Ms.Kanika Agnihotri, Ms.Yashodhara
Gupta and Mr.Rohan Anand, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Appearance not given.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 03.06.2022 CM APPL. 28062/2022 (for exemption) Allowed, subject to all just exceptions.
The application shall stand allowed.
W.P.(C) 9362/2022 and CM APPL. 28061/2022(Stay) The Court notes that the instant writ petition impugns an order of 30 April 2022 passed by the Assistant Executive Engineer of the Regional Office of the MoRTH in the State of Bihar.
From a perusal of that communication in terms of which the consultancy contract of the petitioner has come to be terminated, it is evident that the construction project was being undertaken in the State of Bihar.
Thus both on account of the order having been passed by an authority situate in the State of Bihar coupled with the fact that the contract was being executed in that State, this Court is of the considered opinion that the writ Signature Not Verified Digitally Signed By:NEHA Signing Date:06.06.2022 16:08:09 petition cannot be entertained by this Court on the ground of lack of territorial jurisdiction.
Accordingly, the present writ petition fails and shall stand dismissed on the aforesaid score. The Court only observes that this order shall neither preclude the petitioner from approaching the appropriate High Court for relief if permissible in law or institute such other proceedings as may be permissible under the contract before the appropriate forum.
YASHWANT VARMA, J.
JUNE 3, 2022 bh Signature Not Verified Digitally Signed By:NEHA Signing Date:06.06.2022 16:08:09