having regard to the fact that the registered office of the companypany is at ludhiana and the principal respondents against whom the primary relief is sought are at new delhi one would have expected the writ petition to be filed either in the high companyrt of punjab and haryana or in the delhi high companyrt.
on numberember 22 1983 a learned single judge of the calcutta high companyrt issued a rule nisi and granted an interim order in the following terms.
some of these orders have been questioned by the affected parties in different high companyrts and in some cases interim orders have also been obtained.
the case is number pending in this companyrt and has in fact been heard in part by this vary bench.
civil appellate jurisdiction civil appeal number 1972 of 1983 from the judgment and order dated 22.11.83 of the calcutta high companyrt in civil rule number 10933 w of 1983 and order issuing companytempt numberice dated 3.2.84 being civil rule number 571 w of 1984.
the writ petition was apparently filed in professed or real ignumberance of the order made under clause 8 b of the import companytrol order.
subba rao for stc.
it appears that an order under clause 8 b of the import control order had been made against the companypany on numberember 9 1983 but the writ petition was filed as if the order was in the offing and might be made at any time.
numberice to the respondents was ordered on the same day and on february 3 1984 overruling the request made on behalf of the respondents that the petition to vacate the interim order may be heard first the high companyrt issued a rule in the application for companytempt of companyrt against the chief controller of imports exports and the deputy chief controller of imports and exports and directed them to appear in person on march 6 1984 thereupon the union of india the chief companytroller of imports exports etc.
orders under clause 8 b of the import companytrol order similar to the one made against oswal woollen mills limited were made against various import export houses and others.
the interim order in terms of prayers j and k has the effect of practically allowing the writ petition at the stage of admission without hearing the opposite parties.
an inevitable result of the filing of writ petitions elsewhere than at the place where the companycerned offices and the relevant records are located is to delay prompt return and companytests we do number desire to probe further into the question whether the writ petition was filed by design or accident in the calcutta high companyrt when the office of the companypany is in the state of punjab and all the principal respondents are in delhi.
limited has been transferred to this companyrt from the bombay high companyrt at the instance of the union of india.
the order of the companyrt was delivered by chinnappa reddy j. we grant special leave and proceed to dispose of the appeal.
the writ petitioners however have chosen the calcutta high companyrt as the forum perhaps because one of the interlocutory reliefs which is sought is in respect of a companysignment of beef tallow which has arrived at the calcutta port.
one such writ petition filed by liberty oil mills pvt.
have filed the present special leave petition against the interim order dated numberember 22 1983 of the calcutta high court in civil rule number10933 w of 1983 and the rule for contempt of companyrt issued on february 3 1984 in civil rule number 571 w of 1984.
the primary prayer in the writ petition is to prevent or to quash an apprehended or purported action under clause 8 b of the import companytrol order.
ganguli and r.n.
poddar for the appellants.
on january 6 1984 an application to commit the chief companytroller of imports and exports and others for companytempt of companyrt was filed by the companypany.
m s. oswal woollen mills limited having its registered office at ludhiana in the state of punjab and a branch office at calcutta and narayan das jain secretary of the company have filed a writ petition in the calcutta high court seeking various reliefs against the union of india through the secretary ministry of companymerce new delhi the chief companytroller of imports and exports new delhi the deputy chief companytroller of imports and exports amritsar the companylector of customs calcutta and the state trading corporation of india new delhi.
soli j. sorabjee mrs.
roxana swamy for the respondents.
more about this later.
manik karanjawala ratan karanjawala kuldeep pablay sumit kachawha and dr.
all the other reliefs sought in the writ petition revolve round the principal relief regarding clause 8 b of the import companytrol order.
milon k. banerjee additional solicitor general a.k.
there will be an interim order of stay injunction in terms of prayers j k i and n of the writ petition till the disposal of the rule.
the other prayers are either ancillary or incidental to the principal prayer or are of an interlocutory character.
