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of <h1>Court dismisses writ application for lack of jurisdiction, upholds Delhi arbitration clause, grants liberty to seek relief elsewhere.</h1> The court dismissed the writ application due to lack of territorial jurisdiction, emphasizing that the cause of action must arise within its limits. The ... - Issues:1. Territorial jurisdiction of the court.2. Validity of the interim order.3. Application of the arbitration clause.4. Allegations of conspiracy.Analysis:1. Territorial Jurisdiction of the Court:The main contention raised was whether the court had jurisdiction over the matter. The petitioner argued that the conspiracy and unfair treatment occurred in Calcutta, giving the court jurisdiction. However, the respondent argued that the entire cause of action arose outside the court's jurisdiction, as the tender process, submission, and arbitration clause specified Delhi. The court cited precedents to emphasize that for jurisdiction under Article 226, the cause of action must arise within the court's territorial limits. The court concluded that the records and actions related to the matter were outside its jurisdiction, leading to the dismissal of the writ application.2. Validity of the Interim Order:The petitioner sought to vacate the interim orders of stay. The court, after determining lack of territorial jurisdiction, declared the interim order null and void. It highlighted that if a court lacks jurisdiction, any orders issued are invalid. The court dismissed the writ application due to the absence of territorial jurisdiction, allowing the petitioners to seek appropriate relief in a suitable forum.3. Application of the Arbitration Clause:The respondent argued that the arbitration clause should apply, referencing a Delhi High Court decision. The clause specified that all disputes would be arbitrated in Delhi. The court acknowledged the validity of contractual agreements conferring jurisdiction on a specific court by mutual consent. It noted that the arbitration clause directed all disputes to be litigated in Delhi, further supporting the lack of jurisdiction for the current court.4. Allegations of Conspiracy:The petitioner alleged conspiracy and unfair treatment, claiming jurisdiction based on these actions. However, the court found no substantial evidence to support these allegations. It emphasized that the mere presence of an office in Calcutta did not automatically confer jurisdiction. The court cited previous judgments to support its stance that the location of the office alone does not establish a cause of action within the court's jurisdiction.In conclusion, the court ruled that it lacked territorial jurisdiction to entertain the writ application due to the absence of any part of the cause of action within its limits. The interim order was vacated, and the writ application was dismissed, with the petitioners granted the liberty to pursue appropriate relief in a suitable forum. The judgment focused on the importance of territorial jurisdiction and adherence to contractual agreements, ultimately leading to the dismissal of the case before the court.
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