Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2018 (9) TMI 2084

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... actions against the respondent No. 2 i.e. Federation shall be instituted only in the courts at Chennai where the Registered Office of the respondent No. 2 is situated. Hence a body which is affiliated to the respondent No. 2 subscribes to the said Clause 21 and thereby admits to the ouster of jurisdiction of all courts except the courts at Chennai - thus, there are substance in the preliminary ob .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... are permitted to invoke the jurisdiction of the courts at Chennai for the reliefs sought. Petition disposed off. - Writ Petition No. 7770 of 2017 - - - Dated:- 25-9-2018 - R.M. SAVANT AND M.S. KARNIK, JJ. For Appellant : Shanay Shah, Soniya Putta, Rahul Sonam, Aniket Kharote and Chinmayi Das i/b Soloman Co., Advocates For Respondent : P.S. Dani, Sr. Adv. i/b Manjiri S. Parasnis, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n. Hence the epitome of the challenge is disaffiliation of the petitioner's Association by the respondent No. 2 and the affiliation granted to respondent No. 3. 2. On behalf of the respondent No. 2 -Federation preliminary objection is raised by the learned Senior Counsel Mr. Dani as regards the maintainability of the above writ petition in this Court on the ground of jurisdiction. The Learn .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d to the respondent No. 2 subscribes to the said Clause 21 and thereby admits to the ouster of jurisdiction of all courts except the courts at Chennai. 3. We therefore find substance in the preliminary objection raised by the learned Senior Counsel on behalf of the respondent No. 2 as regards our territorial jurisdiction to entertain the above writ petition. 4. The learned Counsel appearing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 2 are ousted. Though the reliefs have also been sought against the respondent No. 2 the same would also not confer jurisdiction as the reliefs against the respondent No. 3 can be said to be incidental reliefs to the reliefs which we have stated in the earlier part of this order. Hence we decline to entertain the writ petition on the ground of territorial jurisdiction. However, we permit the petiti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates