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2014 (8) TMI 994 - SC - Indian LawsWant of territorial jurisdiction - entitlement to receive disability compensation, which becomes payable only in case a seaman becomes incapacitated as a result of the injury - whether the Patna High Court is correct in taking the view that it has no jurisdiction to entertain the writ petition? - Held that:- Considering the entire facts of the case narrated hereinbefore including the interim order passed by the High Court, in our considered opinion, the writ petition ought not to have been dismissed for want of territorial jurisdiction. As noticed above, at the time when the writ petition was heard for the purpose of grant of interim relief, the respondents instead of raising any objection with regard to territorial jurisdiction opposed the prayer on the ground that the writ petitioner- appellant was offered an amount of ₹ 2.75 lakhs, but he refused to accept the same and challenged the order granting severance compensation by filing the writ petition. The impugned order, therefore, cannot be sustained in the peculiar facts and circumstances of this case. In the aforesaid, the appeal is allowed and the impugned order passed by the High Court is set aside and the matter is remitted to the High Court for deciding the writ petition on merits.
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