TMI Blog2014 (1) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... en in Mumbai for the purpose of Article 226(2) of the Constitution of India - the Court may refuse to exercise its jurisdiction on the ground of forum convenience. In this case the contesting respondent viz. Commissioner of Customs is at Kolkata and therefore it would not be appropriate for this Court to exercise jurisdiction , even if it is assumed that this Court has jurisdiction - Decided against Petitioner. - Writ Petition (L) No. 19 of 2014 - - - Dated:- 8-1-2014 - Mohit S. Shah, C.J. And M. S. Sanklecha,JJ. For the Petitioner : Mr. R. V. Desai, Sr. Advocate with Mr.R.B.Pardeshi i/b KRF Legal. For the Respondent : Mr. Kersi Dastoor i/b Phoenix Legal ORDER P.C. What is challenged in this writ petition under Arti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t No.3bank to respondent No.2Assistant Commissioner of Customs (Import), Kolkata. The communication is taken on record and marked X for identification. 5. It is, thus, clear that invocation of the bank guarantee by the impugned communication dated 31 December 2013 is only a consequence of implementation of the order dated 18/20 November 2013 passed by the Commissioner of Customs Kolkata. The cause of action for filing this petition has, therefore, arisen within the territorial jurisdiction of Calcutta High Court. It cannot be said that any part of any cause of action for filing this petition has arisen within the territorial jurisdiction of this Court. 6. Learned counsel for the petitioner in support of the petition submits that the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of that order, the Customs authorities have invoked the bank guarantee. Merely because the bank happens to be within the territorial jurisdiction of this Court, it cannot be said that any part of any cause of action has arisen within the territorial jurisdiction of this Court. The situs of the Bank at Mumbai is no part of the cause of action seeking to restrain the Commissioner of Customs, Kolkata from encashing its Bank Guarantee. Thus it cannot be said that any part of the relevant cause of action has arisen in Mumbai for the purpose of Article 226(2) of the Constitution of India. 8. In any event as held by the Apex Court in Kusum Ingots Alloys Ltd .v/s. Union of India, (2004) 6 SCC 254 that in appropriate cases, the Court may refuse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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