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2018 (9) TMI 2084 - HC - Indian LawsMaintainability of petition - Jurisdiction - appropriate forum - Disaffiliation of the petitioner's Association by the respondent No. 2 - affiliation granted to respondent No. 3 - HELD THAT:- The reading of the Clause 21 of the Constitution and Bye-Laws discloses that the Suits/Legal actions against the respondent No. 2 i.e. Federation shall be instituted only in the courts at Chennai where the Registered Office of the respondent No. 2 is situated. Hence a body which is affiliated to the respondent No. 2 subscribes to the said Clause 21 and thereby admits to the ouster of jurisdiction of all courts except the courts at Chennai - thus, there are substance in the preliminary objection raised by the learned Senior Counsel on behalf of the respondent No. 2 as regards territorial jurisdiction to entertain the above writ petition. In the facts of the present case when there is existence of Clause 21 which have been adverted to herein, the jurisdiction of the other courts except the courts at Chennai in respect of any suits/Legal action which are brought against the respondent No. 2 are ousted. Though the reliefs have also been sought against the respondent No. 2 the same would also not confer jurisdiction as the reliefs against the respondent No. 3 can be said to be incidental reliefs to the reliefs which are stated in the earlier part of this order. Hence the writ petition are not entertained on the ground of territorial jurisdiction. However, the petitioner are permitted to invoke the jurisdiction of the courts at Chennai for the reliefs sought. Petition disposed off.
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