Niftem Teachers Welfare Association v. Chancellor, Niftem / Secretary, Ministry Of Food Processing Industries (Mofpi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1314/2017 and C.M. No.5989/2017 (stay) NIFTEM TEACHERS WELFARE ASSOCIATION ..... Petitioner Through:

Mr. Purushotam Sharma Tripathi, Advocate with Mr. Sanjeeb Panigrahi, Advocate.

versus CHANCELLOR, NIFTEM / SECRETARY, MINISTRY OF FOOD PROCESSING INDUSTRIES (MOFPI) ..... Respondent Through:

Mr.

R.V.

Sinha, Advocate for respondent Nos.1 to 3.

Mr. Apoorv Kurup, Advocate for respondent No.4.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 15.02.2017 1.

In view of the fact that employer National Institute of Food Technology/respondent no.2 is not situated at Delhi, this Court would not have jurisdiction and in any case would be the forum non-conveniens in view of Full Bench judgment of this Court in the case of Sterling Agro Industries Ltd. Vs. Union of India (UOI) and Ors. AIR 2011 Delhi 174. 2.

In view of the above, counsel for the petitioner is granted liberty to withdraw this petition and file appropriate independent W.P.(C) No.1314/2017

proceedings in the Court having territorial jurisdiction, and which proceedings when filed petitioner will have the benefit of Section 14 of the Limitation Act, 1963 so far as the period as regards the date of filing of this petition in this Court and today's order.

3.

Writ petition is disposed of with the aforesaid observations. VALMIKI J. MEHTA, J FEBRUARY 15, 2017 Ne W.P.(C) No.1314/2017