LAWS(GJH)-2007-9-36

KAMLESH ISHWARBHAI PATEL Vs. UNION OF INDIA

Decided On September 07, 2007
KAMLESH ISHWARBHAI PATEL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this petition the petitioner has sought to challenge order passed by the Appellate Tribunal for Foreign Exchange at New Delhi dated 2/2/2007 below the application given in Appeal No. 121 of 1999. By the said order, the application filed by the petitioner for dispensation of making pre-deposit has been rejected and appeal has been ordered to be listed on 22/5/2007 for hearing. It is stated at the bar that the appeal is not yet heard.

(2.) The facts, in short, giving rise to the present petition can be stated as under :-

(3.) I1 have heard Mr. S. H. Sanjanwala, learned senior advocate appearing for the petitioner and Mr. Harin Raval, Ld. Asstt. Solicitor General for respondents. At the beginning of the hearing, Mr. Raval has raised objection with regard to maintainability of the petition on the ground that this Court has no territorial jurisdiction to entertain this petition. In view of the same. Mr. Sanjanwala for the petitioner has addressed me on the ground of jurisdiction and the maintainability of the petition as well as on merits of the case. He has submitted that since part of cause of action has arisen within the territory of this State, i.e., at Mehsana, this Court has jurisdiction to entertain the petition. He has further submitted that head office of the partnership firm of which late Ishwardas was a partner, is at Ahmedabad. He has further submitted that the property forming part of the HUF, namely a residential premises, is situated at Mehsana and if the attachment of the said property has to take place, it would be at Mehsana. He has further submitted that the impugned order has been served on the petitioner at Mehsana, at his residence and the consequences of this order will affect the petitioner at Mehsana. Hence, this petition is maintainable before this Court.