SAKTI STEEL TRADERS Vs. ASHOK CHAKRABORTY

JUDGEMENT

(1.) The Court: M/s. Sakti Steel Traders filed an application under article 226 of the Constitution of India and the said application was filed in the Original Side of this Court. The said application was moved and an interim order was passed by the Hon'ble Mr. Justice P. Banerjee in August 1988.

(2.) The matter came up for hearing. Mr. S. Roychowdhury, the learned advocate appearing for the petitioner opened this case. At that stage Mr. Somen Bose, Advocate, appearing with Shri L. K. Chatterjee took a preliminary point that this writ application is not maintainable in the Original Side of this Court as no part of cause of action arose within the jurisdiction of this Court nor the respondent reside or carries for gain within the jurisdiction of this Court and as such it is submitted by Mr. Soumen Bose, learned Advocate, appearing for the respondent that the writ application should be dismissed.

(3.) Thereafter an application was filed by the Writ-petitioner to decide the said preliminary point. The said application was assigned before this bench. Reliance was placed to the writ rules framed by the Full Court of this Court particularly rules 4, 5 and 6 of the said rules.