LAWS(APH)-2008-6-76

UNITED SHIPPERS LTD Vs. VELTA IMPEX PRIVET LIMITED

Decided On June 10, 2008
UNITED SHIPPERS LTD. REP. BY ITS AUTHORIZED SIGNATORY R. PANDU Appellant
V/S
VOLTA IMPEX PRIVATE LIMITED Respondents

JUDGEMENT

(1.) THE respondent No. 5 in the writ petition filed this application to decide the territorial jurisdiction of this Court to entertain the writ petition as a preliminary issue.

(2.) AS a matter of fact, the writ petition was coming up for final hearing and the learned senior counsel appearing for the writ petitioner was already heard. However, in view of the specific objection raised by the respondents as to the maintainability of the writ petition on the ground that this Court lacks territorial jurisdiction, this Court after hearing the learned counsel for both the parties in detail on the said issue, passed an order on 1-2-2008 as under:

(3.) SUBSEQUENTLY, on 6-2-2008 the respondent No. 5 filed the present application- W. P. M. P. No. 3076 of 2008 with a prayer to pass an order on the preliminary issue of territorial jurisdiction. That apart, the respondents 3 and 5 filed two appeals under clause 15 of the Letters Patent against the order dated 1-2-2008. A Division Bench of this Court by judgment dated 29-2-2008 allowed the said Writ Appeals holding that the reasons shall be given for coming to the conclusion that this Court has jurisdiction to entertain the petition and then only to hear the writ petition on merits.