Shivank Verma v. New India Assurance Company Ltd. And ANR

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10772 OF 2025 Shivank Verma

...Petitioner

Versus

New India Assurance Company Limited & Anr.

...Respondents

---------- Mr. Shreyas Shrivastava a/w Mr. Ismail N. Sayed for the Petitioner. Mr. V.Y. Sanglikar for the Respondents.

---------- CORAM : R.I. CHAGLA J ADVAIT M. SETHNA, J DATE :

30 January 2026 ORDER :

1.

A preliminary objection has been raised to the entertainment of this Petition on the ground of territorial jurisdiction viz. the Nagpur Bench of this Court having jurisdiction over this Petition.

SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date:

2026.01.30 18:24:37 +0530 2.

Mr. Sanglikar, learned Senior Counsel for the Respondents has referred to the fact that the Petitioner was recruited 1/4

as a Probationary Officer for the post of Adm-Officer (Scale I) at the Respondents' Nagpur Regional Office at Nagpur. The Petitioner resigned while working at Nagpur and resignation of the Petitioner was accepted by the Respondents' Nagpur Office. 3.

Mr. Sanglikar has submitted that the Petition has been filed for issuance of relieving letter by the Respondents' Nagpur Office in view of the Petitioner having obtained admission in IIM, Ahmedabad. He has submitted that no part of cause of action has arisen in Mumbai.

4.

Mr. Shrivastava, learned Counsel for the Petitioner has referred to the advertisement which had been issued by the Respondent No. 1 and in particular Clause 27 thereof. It is provided in the said Clause that any legal proceedings in respect of any matter of claim or dispute arising out of this advertisement and/or application in response thereto can be instituted only in Mumbai Courts / Tribunals / Forums at Mumbai who only shall have sole and exclusive jurisdiction to try any cause / dispute. He has accordingly submitted that this Court will have jurisdiction to entertain the Writ Petition.

2/4

5.

Having considered these submissions and in particular, the prayer sought for in the Petition, it appears that the cause of action in the Petition viz. for issuance of relieving letter to the Petitioner upon his resignation from post of Adm-Officer (Scale I) at Respondents' Nagpur Regional Office, and which resignation has been accepted, the entire cause of action has arisen in Nagpur. 6.

We accordingly, find that the Nagpur Bench of this Court has jurisdiction to entertain the present Writ Petition. Clause 27 of the advertisement which has been relied upon by the learned Counsel for the Petitioner to submit that this Court will have jurisdiction, does not assist the Petitioner, in view of Clause itself providing that any matter of claim or dispute arising out of this advertisement and/or application in response thereto can be instituted only in Mumbai. This dispute is not arising out of the advertisement and/or application in response thereto. On the contrary, the Petitioner has sought a direction to the Respondents to issue relieving letter to enable the Petitioner to obtain admission in IIM, Ahmedabad. This relieving letter can only be issued by the Respondents' Regional Office at Nagpur where the Petitioner has resigned whilst working 3/4

there and which resignation has been accepted by the Respondents' Nagpur Office.

7.

Accordingly, in view of the urgency in moving this Petition, the Registry is directed to transfer this Writ Petition to the Nagpur Bench of this Court. This shall be done forthwith. [ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.] 4/4