Bombay High CourtWP/5471/2007

7 Star Distilleries Thru. Its Partner v. State Of Mah. Thru. Its Minister And 2 ORS.

2015-07-032 pages

1 wp5471.07

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5471 OF 2007.

(7 STAR DISTILLERS (FORMERLY KNOWN AS VLR & CO.)...VS..STATE OF MAH. & 2 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JULY 03, 2015.

Heard Ms P.S.Chaudhari, the learned advocate holding for Mr. Abhay Sambre, advocate for the petitioner, Mr.V.P.Marpakwar, the learned advocate for the respondent No.3 and Mr. D.M. Kale, the learned A.G.P. for the respondent Nos.1 and 2.

The petitioner has challenged the order passed by the respondent No.1-State rejecting the application filed by the petitioner for approving labels for marketing product of the petitioner.

The respondent No.3 had taken objection for approval of the labels and therefore, the application of the petitioner has been rejected. Respondent No.3 is situated at Sahajanand Nagar, Taluka : Kopergaon, District : Ahmednagar. The application was made by the petitioner to the respondent No.2 which is the competent authority and having office at Mumbai. The impugned order is passed by the respondent No.1-State at Mumbai.

There is no averment in the petition that the cause of action or part of the cause of action has arisen within the limits of territorial jurisdiction of Nagpur Bench.

2 wp5471.07 The above facts show that the cause of action, if any, has arisen at Mumbai. The respondent No.3 has rightly relied on the judgment given by the Hon'ble Supreme Court in the case of Union of India Vs. Adani Exports Ltd., reported in (2002)1 SCC 567 for contending that the Nagpur Bench has no jurisdiction to entertain and decide the writ petition. In view of the facts recorded above and the law laid down by the Hon'ble Supreme Court in the above mentioned judgment, the Registry is directed to take appropriate steps for transferring this petition to the Principal Seat at Mumbai.

JUDGE RRaut..