M/S PRAKASH AGRICULTURAL INDUSTRIES THRU' PRAMOD KUMAR GARG versus UNION OF INDIA THRU' ITS SECRETARY DEFENCE PRODUCTION

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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M/S Prakash Agricultural Industries Thru' Pramod Kumar Garg v. Union Of India Thru' Its Secretary Defence Production - WRIT - C No. 27514 of 2006 [2006] RD-AH 9801 (18 May 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed seeking various reliefs. However, Shri Mishra, learned counsel appearing for the respondent, i.e. Union of India has raised a preliminary objection regarding territorial jurisdiction of the this Court in view of the provisions contained in Article 226 (2) of the Constitution of India, which confers the jurisdiction upon the High Courts only to entertain a petition in case a respondent resides within its territorial jurisdiction or the cause of action, partly or fully, has arisen within its territorial jurisdiction. It has further been submitted by Shri Mishra that the petition does not fulfill either of the conditions conferring jurisdiction upon this Court.

In view of the preliminary objections raised by Shri Mishra, Shri C.L. Pandey, learned counsel appearing for the petitioner prays and is permitted to approach the appropriate forum.

The petition is dismissed as withdrawn with liberty to the petitioner to approach the appropriate forum/Court.

18.05.2006

AHA

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