Jurisdiction of HC over a case whose cause of action arose from an order delivered by an appellate authority which is situated in the territorial jurisdiction of the Court

M/s. Sterling Agro Industries Ltd. Vs. Union of India & Ors. (Delhi High Court – Full Bench) The principles that have been culled out by the Full Bench especially the principles, namely, once the court comes to hold that only an insignificant or miniscule part of the cause of action has accrued within the jurisdiction of this Court or that the substantial cause of action has accrued within the jurisdiction of another High Court is inconsequential, the sole cause of action arises because of the order passed by the appellate authority which has the situs in Delhi; the denial of interference would tantamount to failure in exercising its duty / function, and the conclusion that the interpretation placed by it on the facet of dominus litis and the forum conveniens are all encompassing.

The three-judge Bench of the Delhi High Court in this case was considering the issue of whether it would have jurisdiction over a case whose cause of action arose from an order delivered by an appellate authority which is situated in the territorial jurisdiction of the Court. After considering several case laws on the subject, the Court came to the conclusion that the matter would have to be decided by a larger bench of the High Court

HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 17th March, 2011

1. W.P.(C) No. 6570/2010

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