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TMI Blog2015 (7) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... in OIL AND NATURAL GAS COMMISSION vs UTPAL KUMAR BASU [(1994) 4 SUPREME COURT CASES 711], and holding that mere location of a registered office or receipt of communication would not give rise for cause of action, dismissed the application under Article 226 of the Constitution of India. His Lordship held that as the consignment was received at Delhi Air Cargo Complex and the writ petitioner took delivery of the said consignment at Delhi and transported to Uttarakhand, no part of cause of action, either fully or in part, arose within the territorial jurisdiction of this Court so as to enable this Court to entertain the writ petition. 2. The facts leading to filing of the writ petition are summarized as under: a) The writ petitioner is enga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h bar has a weight of 5 kg. or above; (b) the goods are imported in accordance with the packing list issued by the mining company by whom they were produced; (c) the importer produces before the Deputy Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be, an assay certificate issued by the mining company or the laboratory attached to it, giving detailed precious metal content in the dore bar; (d) the gold dore bars are imported by the actual user for the purpose of refining and manufacture of standard gold bars of purity 99.5% and above; and (e) the silver dore bars are imported by the actual user for the purpose of refining and manufacture of silver bars of purity 99.9% and above." (e) The writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondition No.34 (b) of the Notification. "3. As regard the assay certificate issued by the Perth Mint giving detailed precious metal content in the dore bar, it is noted that this Mint is 100% owned and guaranteed by the Government of Western Australia and established under an Act of Parliament (the Gold Corporation Act, 1987). The Perth Mint has also clarified that this is a laboratory attached to/appointed by the mining company. As per condition No.34(c) of the Notification, an assay certificate issued by the laboratory attached to the mining company can be accepted." (i) All relevant documents, including invoice, packing list and assay certificate along with the bills of entry were submitted for clearing the import shipments. The custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected on the ground of maintainability holding, inter alia, that the High Court of Karnataka did not have jurisdiction to maintain the writ petition as no part of cause of action arose within its territorial jurisdiction. 4. The original Article 226 of the Constitution of India came up for consideration before the Supreme Court of India in ELECTION COMMISSION, INDIA vs SAKA VENKATA RAO [AIR 1953 SC 210]. It was held that the location of the respondent would give territorial jurisdiction to the High Courts under Article 226 of the Constitution of India. The situs of the cause of action was held to be material for this purpose. The Constitution (15th Amendment) Act, 1963, brought clause (1A) to provide that the High Court, within whose juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orial limits of any High Court has to be decided in light of the nature and character of the proceedings under Article 226 of the Constitution of India. In order to maintain an application, the petitioner has to establish that a legal right claimed by him has, prima facie, either being infringed or is threatened to be infringed by the respondent within the territorial limits of the Court's jurisdiction and such infringement might take place by causing him actual injury or threat thereof. 7. In KUSUM INGOTS AND ALLOY LTD vs UNION OF INDIA AND ANOTHER [(2004) 6 SUPREME COURT CASES 254] it was held that keeping in view the expressions used in Article 226(2) of the Constitution of India, indisputedly even if a small fraction of cause of ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle 226 of the Constitution of India can be invoked if even a fraction of the cause of action arises within the territorial jurisdiction of the High Court. Against the aforesaid background, it is difficult to uphold the view taken by the Hon'ble Judge that this court had no territorial jurisdiction to entertain the writ petition. 10. Reliance placed on OIL AND NATURAL GAS COMMISSION vs UTPAL KUMAR BASU AND OTHERS [supra] was erroneous, as Clause (2) of Article 226 of the Constitution of India did not fall for consideration in that case. 11. The impugned judgment and order are, therefore, set aside. The writ petition is restored to its original number and file. 12. We request the Hon'ble Judge having roster to dispose of the wr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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