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N vs Oil

High Court Of Gujarat|18 July, 2012

JUDGMENT / ORDER

1. By way of this petition, the petitioner has prayed to quash and set aside the order dated 16.02.1995/07.03.1995, whereby the petitioner was deemed to have resigned from the service of ONGC w.e.f. 04.04.1992.
2. When the matter is taken up, Mr. Naik learned counsel for the respondents raised a preliminary objection that in view of the decision of the Apex Court in the case of Alchemist Limited & Ors v. State Bank of Sikkim & Ors. AIR 2007 SC 1812, this Court has no territorial jurisdiction since the cause of action which is arose is not within the jurisdiction of this Hon'ble Court.
3. Heard learned counsel for the respective parties. Considering the facts of the case and keeping in mind the principle laid down in the case of Alchemist (supra), I am of the view that this Court has no territorial jurisdiction since the cause of action which is arose is not within the jurisdiction of this Court. Hence, the petition is dismissed. Rule is discharged. Interim relief if any, stands vacated.
[K.S.
JHAVERI, J.] /phalguni/ Top
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Title

N vs Oil

Court

High Court Of Gujarat

JudgmentDate
18 July, 2012