Calcutta High Court
M/S.Regent Automobile vs Indian Oil Corporation Ltd on 2 September, 2008
Author: Patherya
Bench: Patherya
AP No. 319 of 2008
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
M/S.REGENT AUTOMOBILE
Versus
INDIAN OIL CORPORATION LTD.
For Petitioner : AJAYA MITRA, FAZLUR RAHMAN, MR. GANGULY, ADVS.
For Respondent : MR. P. K. MALLICK, SR. ADV., T. K. MITRA, ADV.
BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 2nd September, 2008.
The Court : This is an application filed under Section 34 of the 1996 Act. This application is not maintainable as this Court lacks territorial jurisdiction to maintain the same. Although leave under Clause 12 was sought no such leave has been obtained. In fact, on a consideration no such leave could have been granted as all facts took place outside the territorial jurisdiction of this Court. The petitioner carried on business outside the jurisdiction, supplies were made outside the jurisdiction, payments were received outside the jurisdiction by the respondent.
Therefore, this Court lacks territorial jurisdiction and the application filed under Section 34 is returned to the petitioner to be placed before the appropriate Court.
It is made clear that I have not gone into the merits of the case and it will be open for the appropriate forum to adjudicate on the same. 2
For the aforesaid reasons, the application be returned to the petitioner forthwith for presentation before the appropriate Court.
Department and all parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) Kc.
R.O.(ct.)