2025-VIL-268-DEL-CU
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CUSTOMS High Court Cases

Customs/DGFT - Territorial jurisdiction, Cause of action, Doctrine of Forum conveniens, Advance Authorisation – Petitioner seeking quashing of rejection of application for Advance Authorisation to import raw pet coke and supply calcined pet coke to SEZ units - The impugned rejection letter was issued by the Regional Authority in Hyderabad. The petitioner has challenged this on the grounds that the rejection was signed by the Additional DGFT sitting in Delhi, and the DGFT Notification prohibiting supply of CPC to SEZ units was also issued from Delhi - Whether the High Court of Delhi has the territorial jurisdiction to entertain the writ petition under Article 226(2) of the Constitution – HELD - Even if a small part of the cause of action arises within the territorial jurisdiction of a High Court, the doctrine of forum conveniens may still lead the Court to decline to exercise its discretionary jurisdiction if another forum is more appropriate - in the present case, the petitioner's registered office, plant, and the SEZ unit to which CPC is to be supplied are all located outside Delhi. The impugned rejection letter was also issued by the Regional Authority in Hyderabad, even though it was signed by the Additional DGFT sitting in Delhi. The Court held that the situs of the Additional DGFT's signature alone would not be a determinative factor to confer jurisdiction on the Delhi High Court - Further, the challenge to the DGFT Notification issued from Delhi would also not be sufficient to confer jurisdiction. The effects and consequences of the Notification would be felt outside Delhi and not within its jurisdiction - the Delhi High Court is not the appropriate or convenient forum to adjudicate the present dispute and the petitioner is free to approach the appropriate High Court with jurisdiction - The writ petition is dismissed for lack of territorial jurisdiction
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