Manoj Kumar v. Mstc Ltd. And ANR.

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2373/2020 & C.M. No.8292/2020 MANOJ KUMAR ..... Petitioner Through Mr.

Ashutosh Senger and Mr.

Rishabh Sharma, Advocates.

versus MSTC LTD. & ANR.

..Respondent Through

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 02.03.2020 1.

The petition has been placed before this Bench on being received on transfer from DB-II, as the said Bench has not assembled today. The petitioner seeks issuance of directions to the respondent to permit him to participate in the e-auction process in respect of the auction of a mining lease site located in District Saharanpur, Uttar Pradesh and prays for stay of the declaration of the highest bidder and the entire process of bidding. 2.

At the outset, we have requested learned counsel for the petitioner to address us on the maintainability of this petition in this court as we are of the prima facie opinion that Delhi High Court is not vested with the territorial jurisdiction to entertain the petition since no part of the actionable cause of action has arisen in Delhi.

3.

Learned counsel for the petitioner fairly states that he may be permitted to withdraw the present petition while reserving the right of his client to approach the appropriate court vested with territorial jurisdiction to

entertain the same.

4.

Leave as prayed for, is granted. The present petition is disposed of alongwith the pending application.

HIMA KOHLI, J ASHA MENON, J MARCH 02, 2020 NA