Pannalal Chintamani Pandey v. Indostar Capital Finance Ltd. And ANR

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.03.14 12:46:22 +0530 ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 2545 OF 2022 RAJNISH PANNALAL PANDEY ....PETITIONER V/s.

INDOSTAR CAPITAL FINANCE LTD.

.....RESPONDENTS AND ANR WITH CIVIL WRIT PETITION NO. 2547 OF 2022 PANNALAL CHINTAMANI PANDEY ....PETITIONER V/s.

INDOSTAR CAPITAL FINANCE LTD.

.....RESPONDENTS AND ANR WITH CIVIL WRIT PETITION NO. 2546 OF 2022 RAJAN PANNALAL PANDEY ....PETITIONER V/s.

INDOSTAR CAPITAL FINANCE LTD.

.....RESPONDENTS AND ANR Mr. Rajesh Kanojia a/w Adv. Deepika Prabhala a/w Adv. Nikita Singh i/b Res Juris Advocate for the Petitioner 1/3

CORAM :

NITIN W. SAMBRE, J.

DATE:

MARCH 11, 2022.

P.C.:

1) Order impugned in all these petitions are passed under Section 9 of Arbitration and Conciliation Act, 1996 by the Court at Mohali. 2) The contentions is, part of the cause of action to the petition has arisen at Mumbai and as such, Court at Mohali being subordinate Court to High Court of Bombay, this Court has every jurisdiction to entertain the Petition.

3) When pointed out that even if part of the cause of action has arisen at Mumbai, even for the sake of arguments, the said contentions are accepted, the fact remains that Respondent has initiated proceedings based on cause of action as has been claimed to have arisen in Mohali which has prompted them to take out proceedings at Mohali. It is always open for the Petitioner to contest the claim either at Mohali before the learned Court which has passed the impugned order or challenge the said order in a Court, by invoking constitutional remedies, having territorial jurisdiction over the said Court.

2/3

4) In the aforesaid background, the law which the counsel for the Petitioner has relied on in the matters of Shanti Devi Alias Shanti Mishra V/s. Union of India and Ors1 and Surya Dev Rai V/s. Ram Chander Rai and Ors2 will be of hardly any assistance. 5) In view of above, no case for exercising jurisdiction is made out. All these petitions as such fail, stand dismissed. [NITIN W. SAMBRE, J.] Civil Appeal No. 3630 of 2020 Civil Appeal No. 6110 of 2003 3/3