ALCHEMIST LIMITED AND ANR. versus STATE BANK OF SIKKIM AND ORS.

Facts pleaded by appellant (registered office, communications, deposit, negotiations at Chandigarh) were not material, essential, or integral to the cause of action underlying their claim. As substantial part of the cause of action arose in Sikkim, High Court of Punjab & Haryana rightly found want of territorial jurisdiction and dismissed the writ petition.

Parties: Appellant: Alchemist Limited; Respondent No.1: State Bank of Sikkim; Respondent No.2: State of Sikkim
Jurisdiction: India
Judgment Date: 16 March 2007
Procedural Posture: Civil Appeal / Final Judgment on Appeal Against High Court Decision Dismissing Writ Petition for Want of Territorial Jurisdiction
Outcome: Appeal dismissed
Legal Topics: Article 226 Writ Jurisdiction, Territorial Jurisdiction, Cause of Action

Constitutional Law Civil Procedure Article 226 Writ Jurisdiction Territorial Jurisdiction Cause of Action

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Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1

Parties

Alchemist Limited

Appellant

State Bank of Sikkim

Respondent No.1

State of Sikkim

Respondent No.2

Procedural Posture

Civil Appeal / Final Judgment on Appeal Against High Court Decision Dismissing Writ Petition for Want of Territorial Jurisdiction

Legal Issues

1 Whether any part of the cause of action arose within the territorial jurisdiction of the Punjab & Haryana High Court to entertain the writ petition filed under Article 226

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

High Court order upholding preliminary objection and dismissing writ petition for want of territorial jurisdiction affirmed
Parties to bear their own costs