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2014 (1) TMI 1070 - HC - CustomsInvocation of bank guarantee - Confiscation of imported aircraft - Imposition of redemption fine - Jurisdiction of Court - Commissioner customs is located at Kolkata - Held that:- Merely because the bank happens to be within the territorial jurisdiction of this Court, it cannot be said that any part of any cause of action has arisen within the territorial jurisdiction of this Court. The situs of the Bank at Mumbai is no part of the cause of action seeking to restrain the Commissioner of Customs, Kolkata from encashing its Bank Guarantee. Thus it cannot be said that any part of the relevant cause of action has arisen in Mumbai for the purpose of Article 226(2) of the Constitution of India - the Court may refuse to exercise its jurisdiction on the ground of forum convenience. In this case the contesting respondent viz. Commissioner of Customs is at Kolkata and therefore it would not be appropriate for this Court to exercise jurisdiction , even if it is assumed that this Court has jurisdiction - Decided against Petitioner.
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