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2023 (10) TMI 542 - HC - CustomsTerritorial jurisdiction of courts - principle of Forum Conveniens - Seizure of goods - Supply of Pashmina Embroidered Ladies Shawls - prohibited goods or not - Contention that, cause of action had started at Srinagar only and the Notices/Communications have been made/received by the appellant-petitioner at Srinagar - HELD THAT:- Merely receiving of shawls from its suppliers by the appellant-petitioner, without any descriptive details in its petitions, cannot be said that the part of the cause of action had accrued within the territorial jurisdiction of this Court. It was for the appellant-petitioner, to at least plead and also urge at the time of arguments before the learned Writ Court or even before this Bench substantially, as to wherefrom it had received supplies of the consignment of shawls manufactured from the prohibited yarn, so that the learned Writ Court or this Court in appeal could have said that in view of commission of offences in J&K, the appellant’s cause of action had arisen within the territorial jurisdiction of this Court, so as to entertain the writ petitions for their disposal on merits. Merely pleading that the consignment was booked from Srinagar by the appellant-petitioner and the Notice/Communications from the respondents were received by the appellant-petitioner at Srinagar, does not disclose any cause of action having arisen at Srinagar so as to confer territorial jurisdiction on the basis of part of cause of action, exercising writ jurisdiction of this Court. In absence of any specific pleadings in the writ petitions as well as memoranda of appeals, it cannot be said that any part of cause of action had accrued to the appellant-petitioner at Srinagar. The learned Writ Court has rightly held that the seizure of the shawls containing prohibited material had taken place in Delhi, therefore, Delhi Courts/Fora shall be having jurisdiction in the matter and not this High Court. The impugned common judgment passed by the Writ Court is maintained and upheld.
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