UNION OF INDIA Vs. ADANI EXPORT LIMITED

JUDGEMENT

(1.) These civil appeals are preferred by the Union of India and others challenging the judgment and order of the High Court of Gujarat at Ahmedabad made in Special Civil Application Nos. 3282/99 and 3279/99 wherein the High Court allowed the said civil applications and granted the relief as prayed for by the petitioner therein.

(2.) Though in these appeals, principal contention involved pertains to the entitlement of the respondents herein to the benefit of the Pass Book Scheme found in paragraph 54 of the Import Export Policy introduced by the Govt. appellants herein w.e.f. 1st April, 1995 in relation to certain credits to be given on export of Shrimps, the appellant firstly challenges before us the territorial jurisdiction of the High Court of Gujarat at Ahmedabad to entertain the civil applications and grant relief in favour of the respondents.

(3.) Mr. Mukul Rohtagi, learned Additional Solicitor General of India and Mr. Jaideep Gupta, learned counsel appearing for the appellants, contend that the High Court at Ahmedabad did not have the territorial jurisdiction to entertain the special civil applications since no part of the cause of action based on which the applications were filed arose within the territorial jurisdiction of the High Court at Ahmedabad. They contended that though this ground was specifically urged, the High Court wrongly placing reliance on a judgment of this Court in the case of Union of India and Ors. vs. Oswal Woollen Mills Ltd. and Ors. (1984) 2 SCC 646 rejected the said objection of the appellants and granted the relief which, of course, the appellants contended even on merits is not liable to be granted. They contended that since the question of jurisdiction in this case goes to the root of the matter, this issue should be first decided and if it is held in favour of the appellants, then ipso facto the judgment under appeal is liable to be set aside as having been delivered by a court of no jurisdiction.