OMEGA TRADERS INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ application was taken up for bearing on 19th February, 1993, and again on 24th February, 1993, on the preliminary question as to whether this court had jurisdiction to entertain the same. Inasmuch as, on both the days no one appeared on behalf of the writ petitioners, I had no alternative but to request Dr. Tapas Banerjee, Mr. Ashoke Sarkar appearing with him, for the respondent No. 3, to make submissions on the preliminary question raised by him.

(2.) Appearing for the Mahanagar Telephone Nigam Ltd., the respondent No. 3 in the writ petition, Dr. Tapas Banerjee submitted that having regard to the grievance of the petitioner in the writ petition, this court had no jurisdiction to entertain the writ petition, as neither any part of the cause of action had arisen within the State of West Bengal nor were any of the principal respondents amenable to the territorial jurisdiction of this court. Dr. Banerjee pointed out that the petitioner's grievance was against the respondent No. 3 which was located outside the territorial jurisdiction of this court. Dr. Banerjee submitted that merely by impleading the Union Of India, the petitioner could not bring the writ petition within the territorial jurisdiction of this court, since no relief had been sought for against the Union of India.

(3.) Dr. Banerjee pointed out that for the purpose of invoking the jurisdiction of this court, certain averments had been made in the writ petition.