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M/S AMBUJ HOTELS versus INDIAN RAILWAY CATERING AND TOURISM CORPORATION & OTHERS

High Court of Judicature at Allahabad

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M/S Ambuj Hotels v. Indian Railway Catering And Tourism Corporation & Others - WRIT - C No. 32542 of 2002 [2005] RD-AH 1300 (10 May 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala, J.

Hon'ble Sanjay Misra, J.

In presence of the learned counsel  appearing on behalf of the respondent i.e. Indian Railway Catering and Tourism Corporation Limited, the petitioner sought for a relief to the extent that such authority could be directed to reconsider the representation of the writ petitioner within a period to be fixed by this Court upon giving fullest opportunity of hearing and by passing a reasoned order thereon. The learned Counsel appearing for the respondent was also ready and willing to accept the position that if such order is passed, they will duly consider the matter. A small problem arose before the Court in respect of jurisdictional issue as it was not clear from the averments as made by the petitioner in respect of part of the cause of action. In other words, although it was averted in the body of the writ petition, but from the cause title it was not very much clear. However, both the parties have submitted to the jurisdiction of this Court not only verbally but also by making an affidavit by the respondent to the extent that since in view of the direction of the Hon'ble Supreme Court the Allahabad High Court is directed to dispose of the matter and is submitted to the jurisdiction of this Court, following such directions we are of the view that the issue can be resolved hereunder by holding opinion that part of the cause of action arises within the jurisdiction of the Allahabad High Court and, therefore, the Allahabad High Court is the appropriate forum for due consideration of the matter.

Supplementary affidavit to the extent to be kept with the record.

Accordingly, the writ petition is disposed of with a direction upon the respondent to reconsider the matter upon giving fullest opportunity of hearing and upon passing a reasoned order thereon within a period of two weeks from the date of communication of this order. For the purpose of effective adjudication, the copy of the writ petition along with annexures can be treated to be part and parcel of the representation.

However, no order is passed as to costs.

Dated: 10.05.2005.

SKT/32542-02.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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