In a later judgment articulated on September 18, 2024, the Delhi Tall Court rejected the summons petitions recorded by Michael Builders and Engineers Pvt. Ltd. against the National Therapeutic Commission and Indian Nursing Chamber, citing need of regional ward. The petitions looked for to limit the respondents from allowing authorization to St. Alphonsa Believe to set up a nursing college on properties in Kanyakumari, Tamil Nadu, which were subject to a legitimate debate.
Case Background:
Michael Builders had entered into an understanding with St. Alphonsa Believe in 2013 to build buildings for a proposed therapeutic college in Tamil Nadu. Taking after delays in installment and debate over the settlement sum, the solicitor had looked for discretion. Despite an arbitral award in 2018 directing the Trust to pay a settlement of ₹15.95 crores, a significant balance remained unpaid, leading to further litigation.
The petitioners approached the Delhi High Court seeking a writ of mandamus to prevent the Trust from proceeding with its nursing college plans, arguing that the properties had been attached due to the ongoing legal dispute. The petitioners claimed that permissions granted by the National Medical Commission were obtained fraudulently, in violation of court orders.
Court's Observations:
Given both the petitioner and the respondent Trust are situated in Tamil Nadu, Justice Swarana Kanta Sharma observed that the entire cause of action took place in that state. The Madras High Court had already addressed related matters, including staying the attachment order on the disputed property. The court ruled that forum shopping by the petitioner, who had previously approached the Madras High Court, could not be condoned.
Quoting the Supreme Court’s ruling in Kusum Ingots & Alloys Ltd. vs Union of India (2004), the court held that the mere location of a respondent’s office in Delhi did not automatically confer jurisdiction to the Delhi High Court.
Conclusion:
The court dismissed the petitions with costs of ₹50,000, directing the petitioners to approach the appropriate forum in Tamil Nadu for redressal.
This judgment reinforces the principle that territorial jurisdiction cannot be misused to seek favorable outcomes, particularly when the cause of action and parties are located elsewhere.
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TAGS: Delhi High Court Michael Builders territorial jurisdiction forum shopping St. Alphonsa Trust National Medical Commission arbitration Kanyakumari nursing college
