M/S Tast Healthy Foods India Pvt. ... vs Punjab National Bank
2022 Latest Caselaw 764 MP

The High Court Of Madhya Pradesh WP No. 695 of 2022 (M/S TAST HEALTHY FOODS INDIA PVT. LTD. AND OTHERS Vs PUNJAB NATIONAL BANK AND OTHERS)

Jabalpur, Dated : 17-01-2022 Heard through Video Conferencing.

Shri Choudhary Mayank Singh, learned counsel for the petitioners. Heard on the Registry objection of territorial jurisdiction of the petitioners stationed/situated at Gwalior filed this petition before this Court. Arising out of same transaction, petitioners previously filed a petition bearing

Writ Petition No.11764/2021 before the Gwalior Bench, Registry has raised an objection about territorial jurisdiction.

In order to wriggle out of the said objection, the singular contention of Shri Choudhary is that when previous petition was filed before the Gwalior Bench, no application was filed by the petitioner before the Debts Recovery Tribunal, Jabalpur. Since later on, application is filed before the said Tribunal, the Principal Seat will have jurisdiction.

Article 226 (2) of the Constitution of India clearly provides that even if the minuscule part of cause of action has arisen within the territory of the

Bench, petition can be entertained. The discretion can be exercised by a particular Bench depending upon the totality of cause of action, which has arisen in a particular matter. As noticed above, the main cause of action has arisen within the territory of Gwalior Bench of this Court. The only fact that later on petitioner filed an application before the Tribunal, Jabalpur will not make much difference. Even assuming that this minuscule part of cause of action (if arisen) within the territory of this Bench the main cause of action has arisen before the Gwalior Bench and petitioner filed previous petition before that Bench.

The Apex Court in the case of Kusum Ingots & Alloys Vs. Union of India, (2004) 6 SCC 254 in para 30 has opined that:-

30. We must, however, remind ourselves that even if a small part of cause of action arises within the

territorial jurisdiction of the High Court, the same by itself may not be considered to be a determinative factor compelling the High Court to decide the matter on merit. In appropriate cases, the Court may refuse to exercise its discretionary jurisdiction by invoking the doctrine of forum conveniens.

In view of this judgment, we deem it proper to relegate the petitioner to

approach the Gwalior Bench.

Petition is disposed of by reserving liberty to the petitioners to approach the Gwalior Bench.

                                             (SUJOY PAUL)                                  (ARUN KUMAR SHARMA)
                                                JUDGE                                             JUDGE

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Digitally signed by S HUSHMAT HUSSAIN
Date: 2022.01.18 14:26:58 IST