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        Case ID :

        2007 (9) TMI 690 - HC - Indian Laws

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        Territorial writ jurisdiction extends to appellate tribunal orders where part of the cause of action arises within the High Court's limits. Article 226(2) confers territorial jurisdiction on a High Court where any part of the cause of action arises within its limits, even if the original ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Territorial writ jurisdiction extends to appellate tribunal orders where part of the cause of action arises within the High Court's limits.

                          Article 226(2) confers territorial jurisdiction on a High Court where any part of the cause of action arises within its limits, even if the original tribunal is situated in another State. An appellate tribunal's order is itself part of the cause of action, and merger of the original order into the appellate order does not remove that jurisdiction. On that basis, a writ petition challenging the appellate tribunal's order is maintainable before the High Court within whose territorial limits the appellate tribunal sits, and the contrary earlier view was held inconsistent with the constitutional scheme.




                          Issues: Whether a writ petition challenging an order of the Debt Recovery Appellate Tribunal is maintainable before the High Court within whose territorial limits the Appellate Tribunal sits, even though the original tribunal is situated in another State, and whether the earlier view rejecting such maintainability was correct.

                          Analysis: Article 226(2) of the Constitution extends High Court jurisdiction to cases where the cause of action, wholly or in part, arises within its territorial limits, notwithstanding that the seat of the authority is elsewhere. The order of the appellate tribunal constitutes a part of the cause of action, and the merger of the original order with the appellate order does not exclude the availability of jurisdiction in the High Court where the appellate order is passed. The earlier view that the High Court lacked jurisdiction merely because the original tribunal was outside the State was inconsistent with the constitutional scheme and with the principle that cause of action is a relevant jurisdictional factor after the Fifteenth Amendment.

                          Conclusion: The writ petition is maintainable in the High Court where the Debt Recovery Appellate Tribunal is situated, and the contrary earlier view is incorrect.

                          Ratio Decidendi: After Article 226(2), a High Court has territorial jurisdiction if any part of the cause of action arises within its territory, and the appellate tribunal's order itself is a part of that cause of action.


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