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2023 (7) TMI 1368 - HC - Indian LawsJurisdiction to entertain petition - Prayer for stay of the summoning of the petitioners, its Officers, Representatives and Managers by the Officers of Respondent Nos.2 - HELD THAT:- The objection taken by Respondent No.4 regarding jurisdiction to entertain the writ petition is ill founded inasmuch as the registration of the E.C.I.R. is consequent to the registration of the F.I.R. dated 15.04.2023 at Greater Noida, U.P. which is very much within the territorial jurisdiction of this Court. Based on the ratio laid down by the Apex Court in VIJAY MADANLAL CHOUDHARY & ORS. VERSUS UNION OF INDIA & ORS. [2022 (7) TMI 1316 - SUPREME COURT], the objection of Respondent No.4 to the territorial jurisdiction of this Court does not merit consideration and is, accordingly, overruled. It is found that ex-facie the dispute is of civil in nature and has been given a colour of criminal nature. It is also found that Respondent No. 3, YEIDA has not made any attempt to institute civil proceedings against Petitioner No.2, except by lodging the present F.I.R. This action appears to be mala fide and unsustainable. The petitioners have made out a case for grant of the interim as relief prayed for - List the case in the week commencing 28 August, 2023.
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