KRISHNA BEHARI Vs. AIR INDIA LTD.

JUDGEMENT

(1.) to 10. xxx xxx xxx

(2.) ..The petitioner was working with the respondent and was stationed at Mumbai at the time of his retirement. The Head Office of the respondent is at Mumbai. The petitioner, after his retirement had also made correspondence with the respondent for releasing of his retiral dues, from Mumbai. His Advocate, who was also having his office at Mumbai had also sent a legal notice to the respondent and the address of the petitioner was shown of that of Mumbai. It is true that subsequently one legal notice did come to be issued to the respondent on behalf of the petitioner, wherein the address of the petitioner was shown to be at Baroda. As noted earlier, under sub -regulation (3) of Regulation 23 of the said Regulations, the petitioner could have required the respondent to pay to him the provident fund dues by postal money order, or by cross cheque or by depositing it in his bank account. If any such application was made calling upon the respondent to pay the amounts in question to the petitioner at Baroda or to be remitted in his bank account in Baroda, perhaps the petitioner would have been correct in contending that a part of cause of action has arisen within the territorial jurisdiction of this High Court. Admittedly no such application was made by the petitioner. Simply because the petitioner now resides at Baroda, in my view, would not give territorial jurisdiction to this High Court to entertain the present petition, especially in view of the observations of the Hon'ble Supreme Court in the case of Union of India v. Adani Exports (supra) and State of Gujarat v. Savitri Devi (supra). In the peculiar facts of this case, I find that the principle of debtor must find creditor would apply. In the conclusion therefore I find that the petitioner has not made out any case to suggest that even a part of cause of action has arisen within the jurisdiction of this High Court and this High Court therefore lacks the territorial jurisdiction to entertain the present petition.

(3.) 12 and 13. xxx xxx xxx (SSR) Petition rejected.