Since the objections which were filed were filed before the wrong
forum, the petitioner sought liberty and withdrew the objections with liberty
to file
suit against the defendants before the learned Civil Judge, a wrong
forum, with due diligence.
6. Faced with above situation, the learned counsel
submits that
the petitioners have made their application before a wrong forum and
records are not readily traceable. He, however, fairly states that the
respondents
submit that despite the same, the
Respondent/Workman approached the wrong forum and, thus, the Impugned
Award cannot subsist.
2.3 It is further contended that
Delhi and
therefore, the suit had been filed before a wrong Forum. Such application
has been dismissed.
2. I have seen the impugned order
same question
over again even though the determination may even be
demonstratedly wrong. When the proceedings have attained
finality, parties are bound by the judgment ... directed to showing that the issue
was wrongly determined. Their only remedy is to approach
the higher forum if available. The determination of the issue
case no special circumstances
which required the petitioner to by-pass the forum of the Sessions
Judge and rush directly to the High Court ... sparing use. Hence, if two
forums are available to the petitioner for getting redressal of the alleged
wrong, then it will certainly be more appropriate
such wrong doings. The petitioner in the present case has made
generalised averments which seem to be wild allegations at this stage.
The forum
Sarvodaya Industries , AIR 1975 Bombay 197 has
held that the phrase wrong done in Section 19 would clearly take in
not only the initial action ... places where the
plaintiff actually suffered the loss because of the alleged wrongful act.
It was further held that the court within whose local jurisdiction
wrongly and therefore immediate
intervention of this Court is required.
7. Learned senior counsel has also submitted that it is a case of Forum
shopping
