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2014 (9) TMI 1231 - HC - CustomsMaintainability of petition - Territorial Jurisdiction to entertain the petition - HELD THAT:- If the High Court has no territorial jurisdiction to entertain the petition, it has no jurisdiction to decide the case on merits also. It is well settled that the question of territorial jurisdiction should be decided at the threshold specially when the objections is taken at the earliest point of time. When the question of jurisdiction was raised in the case of UNION OF INDIA VERSUS ADANI EXPORTS LTD. [2001 (10) TMI 321 - SUPREME COURT], the Supreme Court has held that they would decide the jurisdiction first and then only, they proceed to go into the question of merits under Order XIV Rule 2 of Civil Procedure Code. It is a settled law that, if an objection regarding territorial jurisdiction of the Court is raised at the earliest point of time, the said issue being purely question of law ought to be decided as a preliminary issue. If it is found that the petitioner has approached the Court having jurisdiction, then only the Court can go into the merits. If the Court has no jurisdiction, the matter ends there. The approach of the learned Single Judge is not in accordance with law - Appeal allowed - decided in favor of appellant.
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