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2015 (12) TMI 1212 - HC - Central ExciseJurisdiction of Court - Bombay High Court or Gujarat High Court - Held that:- mere fact that the situs of the adjudicating authority is situated at Vapi within the territorial jurisdiction of this High Court or that part of the investigation has been carried out at Vapi would not be a determinative factor for compelling this court to decide the matter on merits. As noted earlier, against the order passed by the adjudicating authority, appeal lies to the Tribunal and against the order of the Tribunal, appeal lies to the Bombay High Court. Therefore, the statutory forum to adjudicate the dispute raised in the petition at the level of the High Court is the Bombay High Court and not this High Court. Had the petitioner availed of the remedy of appeal, instead of invoking the provisions of Article 226 of the Constitution of India, the dispute would have travelled to the Bombay High Court and not this High Court. The Bombay High Court being the jurisdictional High Court insofar as the adjudicating authority, the lower appellate authority, as well as the Tribunal in relation to matters arising from the Union Territory of Dadra and Nagar Haveli, it is the decisions of that High Court which are binding on those authorities. Under the circumstances, it is the Bombay High Court before which the action can be most appropriately brought - Decided against Appellant.
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