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2022 (6) TMI 1360 - HC - Money LaunderingMaintainability of petition - Principles of forum conveniens - Territorial Jurisdiction - the parties are all residents of Bangalore and that the principal order of attachment was also passed by an authority situate in that State, whereas the properties which form subject matter of the said writ petitions are all situate in the State of Karnataka - HELD THAT:- The Court notes that in AASMA MOHAMMED FAROOQ AND ANR. VERSUS UNION OF INDIA AND ORS. [2018 (12) TMI 443 - DELHI HIGH COURT]the Division Bench had also noticed the judgment rendered by the Court in VISHNU SECURITY SERVICES VERSUS REGIONAL PROVIDENT FUND COMMISSIONER AND ANR. [2012 (2) TMI 621 - DELHI HIGH COURT]. It was held that the Division Bench clarified in a case where the original authority is in one State and the seat of the appellate authority is located in another State, a writ petition would be maintainable in both the Courts and also that it is the petitioner who has a right to choose his forum, which need to be respected. The Division Bench clarified that normally in such circumstances, writ petition would be maintainable at both the places and only in extreme cases where the Court finds that it is totally inconvenient for a Court to entertain the writ petition and the other High Court may be better equipped to deal with such a case then the doctrine of forum conveniens has to be applied. This Court is of the opinion that since the Appellate Forum has already been approached and the petitioner stands deprived of his right to pursue the remedy available, it cannot be said that the Court would lack territorial jurisdiction. List on 04.11.2022.
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