TaxTMI 
TaxTMI 
2020 (9) TMI 16
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....panies Act, 2013. It has been contended by learned counsel for the petitioners that the petitioners were disqualified from acting as Directors in a company-respondent no.4. He placed reliance on order dated 08.11.2017 (Annexure P-7) passed in CWP. No.24977 of 2017 'Gurdeep Singh & Ors vs Union of India & Anr.' now fixed for hearing on 18.09.2020. Mr. Bhuwan Vats, Advocate, has put in appearance for the Union of India through video conferencing. He has pointed out to this Court that both the petitioners are residents of Mumbai and the company-respondent no.4, qua which the petitioners were disqualified to act as Directors, is also registered with the Registrar of Companies, Mumbai. He further points out that the Registrar of Companies, Pun....
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....f the Constitution of India reads as under : "226. Power of High Courts to issue certain writs. (1) Notwithstanding anything in Article 32, every High Court shall have powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Co....
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....ading of the aforesaid two clauses of Article 226 of the Constitution it becomes clear that a High Court can exercise the power to issue directions, orders or writs for the enforcement of any of the fundamental rights conferred by Part III of the Constitution or for any other purpose if the cause of action, wholly or in part, had arisen within the territories in relation to which it exercises jurisdiction, notwithstanding that the seat of the Government or authority or the residence of the person against whom the direction, order or writ is issued is not within the said territories. In order to confer jurisdiction on the High Court of Calcutta, NICCO must show that at least a part of the cause of action had arisen within the territorial jur....
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....he High Court and direct that the writ petition will stand disposed of for want of jurisdiction. Since we are satisfied that NICCO had not invoked the jurisdiction of the Calcutta High Court bona fide, we think that this is a fit case for granting exemplary costs to ensure that such abuse of the Court's jurisdiction does not take place in future. We, therefore, direct NICCO to pay Rs. 50,000 by way of costs." In the matter of Aligarh Muslim University & Anr. vs. Vinay Engineering Enterprises Private Limited & Anr., Civil Appeal No.5230-31 of 1993 decided on 27.09.1993 the Supreme Court held : "We are surprised, not a little, that the High Court of Calcutta should have exercised jurisdiction in a case where it had absolutely no jurisd....