Supreme Court - Daily Orders
Nuziveedu Seeds Pvt.Ltd. vs Protection Of Plant ... on 7 January, 2014
ITEM NO.3 COURT NO.7 SECTION XIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).13167/2012
(From the judgement and order dated 24/01/2012 in WP No.27663/2010 of The
HIGH COURT OF A.P AT HYDERABAD)
NUZIVEEDU SEEDS PVT.LTD. Petitioner(s)
VERSUS
PROTECTION OF PLANT VART.&FAR.RIG.AU&ANR Respondent(s)
(With office report)
WITH SLP(C) NO. 13276 of 2012
(With prayer for interim relief and office report)
SLP(C) NO. 13286 of 2012
(With prayer for interim relief and office report)
SLP(C) NO. 13289 of 2012
(With prayer for interim relief and office report)
Date: 07/01/2014 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE K.S. RADHAKRISHNAN
HON’BLE MR. JUSTICE VIKRAMAJIT SEN
For Petitioner(s) Mr. V. Giri,Sr.Adv.
Mr. Guru Krishnakumar,Sr.Adv.
Mr. Ranjan Kumar Pandey,Adv.
Mr. Abhishek Saket,Adv.
Mr. Sandeep Bisht,Adv.
Mr. Avinash Desai,Adv.
Mr. Amarjeet Kumar,Adv.
Mr. Manish Madhukar,Adv.
For Respondent(s) Mr. C.S. Vaidyanathan,Sr.Adv.
Mr. R. Parthasarthy,Adv.
Mr. Amit Dutt,Adv.
Mr. Sudarshan Singh Sheklhawat,Adv.
Mr. M.P. Devanath,Adv.
Mr. Ram Niwas,Adv.
Mr. L.P. Singh,Adv.
Mr. U.P. Singh,Adv.
Mr. V.S. Arya,Adv.
Ms. Ruchi Kohli,Adv.
UPON hearing counsel the Court made the following
O R D E R
Heard counsel on either side.
Mr. V. Giri, learned senior counsel appearing for the petitioners submitted that the High Court was not justified in applying the doctrine of forum non-conveniens in the facts and circumstances of the case, after having found that it has got jurisdiction to decide the writ petitions. We notice that the Andhra Pradesh High Court has taken such a view noticing that the writ petitioners have approached the Delhi High Court by filing a Writ Petition No.250/2009 challenging the constitutional validity of Section 24(5) of The Protection of Plant Varieties and Farmers’ Rights Act, 2001. We are informed that the writ petition mentioned above is still pending before the Delhi High Court. In such circumstances, let all the writ petitions filed by the petitioners in which respondents are also party before the Andhra Pradesh High Court be heard by the Delhi High Court along with W.P. No.250/2009 or otherwise.
We direct that Writ Petition Nos.8031/2010, 16892/2010, 20326/2010 & 27663/2010 filed before the Andhra Pradesh High Court would stand revived and stand transferred to the Delhi High Court. These writ petitions would be heard and decided by the Delhi High Court, in accordance with law. This will apply only to these cases because of the peculiar facts and circumstances of the case and shall not constitute as a precedent for other cases.
The special leave petitions are disposed of, as above.
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