2025 (5) TMI 1292 - HC - Customs

Maintainability of the petition - patent error is apparent on the face of the record - Confiscation and non-release of the counterfeit goods bearing the respondent s/ plaintiff s trademark/ label under consignment - learned Trial Court erred in moving ahead with suo moto commencing with the proceedings without having jurisdiction to do so - HELD THAT - As per the settled position of law a Court which does not statutorily or otherwise have jurisdiction to try and entertain a proceeding cannot suo moto confer/ assume jurisdiction upon itself in any manner and/ or any reason whatsoever. Admittedly even though the petitioners have participated in MISC DJ/3623/2024 before the learned Trial Court and had given up their challenge to all the orders barring that of 17.01.2025 passed therein before this Court on 02.05.2025 the same would not and in fact cannot preclude this Court to take into account the cumulative facts that the learned Trial Court is acting without any jurisdiction to try and/ or entertain the proceedings not before it and accordingly proceed for adjudication of the present petition under Article 227 of the Constitution of India which empowers the High Courts to exercise superintendence over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction . Even though the law qua exercising the rights under Article 227 of the Constitution of India is well settled that the High Courts should not exercise its power of superintendence at the drop of a hat however at the same time it is also a settled position of law that on coming across any patent perversity in the orders of any Court and/ or Tribunal which is glaringly visible the High Courts applying the equitable principles should exercise its power to keep strict overall administrative and judicial control over any Court and/ or Tribunal under its jurisdiction. The High Courts are required to step in if called for when such a situation as above is brought to the notice. The present case is such wherein the patent error is apparent on the face of the record which if permitted to stand shall lead to traversity of justice. The learned Trial Court cannot be allowed to proceed against the Statute and this Court has to stand by the principles of equity justice and good conscience more particularly when the suit itself stood decreed on 19.10.2024 by the very same learned Trial Court. As a result upon a wholistical consideration of the factual matrix involved coupled with the provisions of Statute as also the existing position of law in the considered opinion of this Court the present petition under Article 227 of the Constitution of India is maintainable in the present form before this Court. Thus the present petition is allowed and the order dated 17.01.2025 passed by the learned Trial Court in MISC DJ/3623/2024 is set aside. Resultantly the proceedings initiated by the learned Trial Court in MISC DJ/3623/2024 and the orders passed therein are also set aside. The present petition alongwith the pending applications stands disposed of.

Summary

The core legal questions considered by the Court in this matter are:

1. Whether the learned District Judge (Commercial Court) had jurisdiction to initiate and continue proceedings in MISC DJ/3623/2024 after having passed a final decree in CS (COMM) 128/2023 on 19.10.2024 and consigned the file to the record room, thereby becoming functus officio.

2. Whether a court can assume jurisdiction suo moto in proceedings not part of the original lis after passing a final decree, without any statutory or inherent power to do so.

3. Whether the petition under Article 227 of the Constitution of India challenging the order dated 17.01.2025 passed by the learned Trial Court in MISC DJ/3623/2024 is maintainable.

4. The applicability of settled legal principles regarding jurisdiction, consent, waiver, and acquiescence in the context of a court's power to entertain proceedings beyond its jurisdiction.

Issue-wise Detailed Analysis:

Issue 1: Jurisdiction of the Trial Court post final decree and functus officio status

Relevant legal framework and precedents: The Court referred extensively to the principle that once a court passes a final decree and consigns the file to the record room, it becomes functus officio, losing jurisdiction to entertain further proceedings in the same matter. The Court relied on the Supreme Court rulings in Harshad Chiman Lal Modi v. DLF Universal Ltd. and Dr. Jagmittar Sain Bhagat v. Director, Health Services, which emphasize that jurisdiction is statutorily conferred and cannot be assumed or extended by consent or acquiescence.

Court's interpretation and reasoning: The Court noted that the learned Trial Court had decreed the suit in favour of the plaintiff/respondent on 19.10.2024 and ordered the file to be consigned to the record room, thereby rendering itself functus officio. Despite this, the same Court initiated separate proceedings in MISC DJ/3623/2024 suo moto and passed orders, including the impugned order dated 17.01.2025. The Court held that this was beyond its jurisdiction and amounted to an assumption of jurisdiction without statutory authority.

Key evidence and findings: The judgment and decree dated 19.10.2024, the order consigning the file to the record room, and the subsequent orders passed in MISC DJ/3623/2024 were examined. The Court observed that the new proceedings were not part of the original lis and no execution petition or fresh suit was filed to justify reopening or continuation of proceedings.

Application of law to facts: Applying the settled legal principles, the Court concluded that the Trial Court had no jurisdiction to initiate or continue proceedings in MISC DJ/3623/2024 after passing the final decree and consigning the file. The Court emphasized that jurisdiction cannot be conferred by the parties' conduct or by the Court assuming it suo moto.

Treatment of competing arguments: The petitioners contended that the Trial Court was functus officio and could not entertain the proceedings in MISC DJ/3623/2024. The Court agreed with this submission and rejected any implied consent or waiver argument that might have been raised, relying on authoritative precedents that such factors cannot confer jurisdiction where none exists.

Conclusion: The Court held that the Trial Court acted without jurisdiction in initiating and proceeding with MISC DJ/3623/2024, rendering the impugned order dated 17.01.2025 and related proceedings null and void.

Issue 2: Whether consent, waiver, or acquiescence can confer jurisdiction

Relevant legal framework and precedents: The Court cited the authoritative principles from Harshad Chiman Lal Modi and Halsbury's Laws of England, which state that jurisdiction cannot be conferred by consent, waiver, or acquiescence if the court is otherwise incompetent to try the suit. The Court also referred to Bahrein Petroleum Co. and Kiran Singh v. Chaman Paswan, which reinforce that a decree passed by a court without jurisdiction is a nullity.

Court's interpretation and reasoning: The Court reiterated that jurisdiction is a legislative function and cannot be assumed or conferred by parties or by a superior court. Even if the parties participate in proceedings or fail to object, it cannot validate a court's lack of jurisdiction over the subject matter.

Key evidence and findings: The petitioners had participated in the proceedings in MISC DJ/3623/2024 but had limited their challenge before the High Court to the order dated 17.01.2025. The Court noted that such participation does not validate the Trial Court's jurisdiction.

Application of law to facts: The Court applied the principle that jurisdictional defects go to the root of the matter and cannot be cured by consent or acquiescence. The Trial Court's assumption of jurisdiction was therefore invalid despite any participation by the petitioners.

Treatment of competing arguments: The Court acknowledged that although the petitioners had participated in the proceedings, this did not preclude the High Court from examining jurisdictional defects under Article 227. The Court rejected any argument that the petitioners' conduct amounted to waiver of jurisdictional objections.

Conclusion: Consent, waiver, or acquiescence cannot confer jurisdiction on a court otherwise lacking it. The Trial Court's orders in MISC DJ/3623/2024 are therefore non-est and void.

Issue 3: Maintainability of the petition under Article 227 challenging the order dated 17.01.2025

Relevant legal framework and precedents: The Court referenced the powers of the High Court under Article 227 of the Constitution to exercise superintendence over all courts and tribunals within its jurisdiction, including the power to correct patent errors and prevent miscarriage of justice.

Court's interpretation and reasoning: The Court acknowledged that while the power under Article 227 should not be exercised lightly, it is appropriate where there is a glaring jurisdictional error or patent perversity in the orders of a subordinate court. The Court found such an error in the Trial Court's assumption of jurisdiction post decree and functus officio status.

Key evidence and findings: The Court noted the finality of the decree dated 19.10.2024 and the subsequent unauthorized proceedings in MISC DJ/3623/2024. The petitioners had confined their challenge to the order dated 17.01.2025, which was the culmination of the unauthorized proceedings.

Application of law to facts: The Court applied the principle that the High Court must intervene to prevent injustice and uphold jurisdictional boundaries, especially when a lower court acts without jurisdiction.

Treatment of competing arguments: The Court balanced the principle of judicial restraint with the necessity of intervention in cases of clear jurisdictional overreach. It found the petition maintainable to correct the error.

Conclusion: The petition under Article 227 is maintainable and proper to challenge the impugned order dated 17.01.2025.

Issue 4: Legal effect of the Trial Court's orders and proceedings in MISC DJ/3623/2024

Relevant legal framework and precedents: The Court relied on settled law that any order or decree passed without jurisdiction is a nullity and can be set aside at any stage, including in collateral proceedings.

Court's interpretation and reasoning: The Court held that since the Trial Court had no jurisdiction to initiate or continue MISC DJ/3623/2024, all orders passed therein, including the impugned order dated 17.01.2025, are void and liable to be set aside.

Key evidence and findings: The Court reviewed the sequence of events and noted that the Trial Court's suo moto initiation of MISC DJ/3623/2024 was without any statutory backing or fresh cause of action.

Application of law to facts: The Court applied the principle that jurisdictional defects cannot be cured and declared the proceedings and orders in MISC DJ/3623/2024 as non-est and set them aside.

Treatment of competing arguments: The Court rejected any justification for the Trial Court's actions and emphasized adherence to jurisdictional limits.

Conclusion: The orders and proceedings in MISC DJ/3623/2024, including the impugned order dated 17.01.2025, are set aside as null and void.

Significant Holdings:

"Vide separate detailed judgment of even date, announced in open court, the suit is decreed in favour of plaintiff and against the defendants with cost of the suit. Decree sheet be drawn up."

"A Court which does not statutorily, or otherwise, have jurisdiction to try and entertain a proceeding, cannot suo moto confer/ assume jurisdiction upon itself by any manner and/ or any reason whatsoever."

"Neither consent nor waiver nor acquiescence can confer jurisdiction upon a court, otherwise incompetent to try the suit."

"A decree passed by a court having no jurisdiction is non-est and its validity can be set up whenever it is sought to be enforced as a foundation for a right, even at the stage of execution or in collateral proceedings."

"The learned Trial Court became functus officio after passing the decree and consigning the file to the record room and could not have proceeded with the proceedings in MISC DJ/3623/2024."

"The present petition under Article 227 of the Constitution of India is maintainable to challenge the order dated 17.01.2025 passed by the learned Trial Court in MISC DJ/3623/2024."

"The impugned order dated 17.01.2025 and all proceedings in MISC DJ/3623/2024 are set aside."