M/S R.K.International vs Authorized Officer
2022 Latest Caselaw 1330 MP

Citation : 2022 Latest Caselaw 1330 MP
Judgement Date : 28 January, 2022

Madhya Pradesh High Court

M/S R.K.International vs Authorized Officer on 28 January, 2022

Author: Sujoy Paul

                                    1
         The High Court Of Madhya Pradesh
                   WP No. 2230 of 2022
              (M/S R.K.INTERNATIONAL AND OTHERS Vs AUTHORIZED OFFICER)

Jabalpur, Dated : 28-01-2022
     Heard through Video Conferencing.

     Shri Girish Kekre, counsel for the petitioners.
     Heard.
     The petitioners and the respondent Bank are situated at

Chattisgarh. The main and major part of cause of action has arisen

within the territorial jurisdiction of Chattisgarh High Court. This Court in W.P.No.24943/2021 { J.M. Financial Asset Reconstruction Company Ltd. Vs Indian Bank (Allahabad Bank) and Ors} declined interference and opined that the Chattisgarh High Court is best suited to examine the grievance of the petitioners therein in view of principle of "Forum conveniens". The said order of this Court is founded upon the judgment of Hon'ble The Supreme Court in the case of M/S. Kusum Ingots & Alloys Ltd vs Union Of India

And Anr., (2004) 6 SCC 254 .

Shri Kekre, counsel for the petitioners submits that since the auction is scheduled tomorrow, therefore, this petition may be entertained.

The aforesaid fact is not such fact which may constitute a cause of action because of which the High Court of Madhya Pradesh can exercise its jurisdiction. We wonder why this petition has been filed before this Court when both the petitioners and the respondent Bank are situated at Chattisgarh and the main and major cause of action has arisen within the territorial jurisdiction of the Chattisgarh High Court.

Thus, we declined to interfere in the matter. This writ petition is

dismissed.

Liberty is reserved to the petitioners to approach the Appropriate High Court.

                                             (SUJOY PAUL)                        (ARUN KUMAR SHARMA)
                                                JUDGE                                   JUDGE

                                        sh




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Digitally signed by S HUSHMAT HUSSAIN Date: 2022.01.29 11:12:52 IST