Aligarh Muslim University And Anothers Vs. Vinay Engineering Enterprises Private Limited And Another On 27 September, 1993

Q: Q. What are the equivalent citations for Aligarh Muslim University and Anothers vs Vinay Engineering Enterprises Private Limited and Another ?

The equivalence citation are(1994) 4 SCC 710 ; (1995) 109 PLR 254 ; LQ/SC/1993/813 ;

Q: Q. What was the bench assigned for the case Aligarh Muslim University and Anothers vs Vinay Engineering Enterprises Private Limited and Another?

HONBLE JUSTICE A. M. AHMADI, HONBLE JUSTICE M. M. PUNCHI, HONBLE JUSTICE N. VENKATACHALA

Open iDraf

Aligarh Muslim University And Anothers v. Vinay Engineering Enterprises Private Limited And Another

Aligarh Muslim University And Anothers
v.
Vinay Engineering Enterprises Private Limited And Another

(Supreme Court Of India)

Civil Appeal No. 5230-31 Of 1993 (Special Leave Petition (Civil) No. 10065-10066 Of 1993) | 27-09-1993

Ahmadi, A.M. (J)

1. Special leave granted.

2. We are surprised, not a little, that the High Court of Calcutta should have exercised jurisdiction in a case where it had absolutely no jurisdiction. The contracts in question were executed at Aligarh, the construction work was to be carried out at Aligarh, even the contracts provided that in the event of dispute the Aligarh Court alone will have jurisdiction. The arbitrator was from Aligarh and was to function there. Merely because the respondent was a Calcutta-based firm, the High Court of Calcutta seems to have exercised jurisdiction where it had none by adopting a queer line of reasoning. We are constrained to say that this is case of abuse of jurisdiction and we feel that the respondent deliberately moved the Calcutta High Court ignoring the fact that no part of the cause of action had arisen within the jurisdiction of that Court. It clearly shows that the litigation filed in the Calcutta High Court was thoroughly unsustainable.

3. In the result we allow these appeals, set aside the impugned orders of the High Court and direct that the proceedings initiated in the High Court of Calcutta shall be returned to the respondent for presentation in proper court. The hearing cost in quantified at Rs. 10, 000 which Respondent 1 Vinay Engineering will pay, in any case before the application is presented to the Aligarh Court..

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Bench List

HON'BLE JUSTICE A. M. AHMADI

HON'BLE JUSTICE M. M. PUNCHI

HON'BLE JUSTICE N. VENKATACHALA

Eq Citation

(1994) 4 SCC 710

(1995) 109 PLR 254

LQ/SC/1993/813

HeadNote

Civil Procedure Code, 1908 — S. 20 — Proper forum — Determination of — Contract executed at Aligarh, construction work to be carried out at Aligarh, even contracts providing that in event of dispute the Aligarh Court alone to have jurisdiction — Arbitrator from Aligarh and to function there — Held, respondent was a Calcutta-based firm, High Court of Calcutta seems to have exercised jurisdiction where it had none by adopting a queer line of reasoning — Respondent deliberately moved Calcutta High Court ignoring fact that no part of cause of action had arisen within jurisdiction of that Court — Litigation filed in Calcutta High Court was unsustainable — Proceedings initiated in Calcutta High Court returned to respondent for presentation in proper court