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2021 (3) TMI 1438 - SC - Indian LawsDoctrine of forum non convenience - Territorial jurisdiction to entertain the writ petition - impugned order was passed by the Employees Provident Fund Appellate Tribunal situated in Delhi - Petitioner is situated in Faridabad in Haryana - HELD THAT:- In the facts of the present case, as they emerged before the Delhi High Court, it is apparent that the Appellant, Dina Nath Public School, is situated in Faridabad, Haryana. Likewise, the second and third Respondents are also situated in Faridabad. During the course of the hearing, learned Counsel appearing on behalf of the third Respondent, who is a former employee of the school, also stated that it would be more convenient for her to pursue the proceedings before the Delhi High Court as opposed to the Punjab & Haryana High Court at Chandigarh. Be that as it may, having regard to the fact that the parties are all situated at Faridabad and since the Delhi High Court has, as a matter of principle followed its own earlier decision and come to the conclusion that it had territorial jurisdiction, but declined to entertain the writ petition only on the ground of forum non-convenience, we are inclined to set aside the impugned order and to restore the proceedings back to the Delhi High Court for disposal. The impugned order set aside - the writ petition filed before the Single Judge shall stand restored to the file for disposal on merits.
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