Ambika Industries and Another vs Customs, Excise Gold (Control) Appellate Tribunal and Others

R.K. Agrawal, J.—The two petitioners in the present writ petition namely M/s. Ambika Industries, C-18, Nadarganj, Industrial Area, Amausi, Lucknow and M/s. Digambar Boundary, B-10, Industrial Area Nadarganj, Amausi, Lucknow have filed the present writ petition seeking a writ of certiorari quashing the Final Order dated 30.3.2000 issued on 18th April, 2000 passed by the Customs Excise and Gold (Control) Appellate Tribunal in respect of Appeals No. 1102 and 1106 of 1996-NB filed by the petitioners. A further relief in the nature of writ of mandamus directing the respondents to keep the decision of the Larger Bench in abeyance in respect of the petitioners till the final decision of this Hon''ble Court on the writ petition has been sought. The Customs, Excise and Gold (Control) Appellate Tribunal is situate in New Delhi. Both the petitioners are situate at Lucknow. A preliminary objection has been raised by Shri Vikram Gulati Addl. Standing Counsel, Central Government that the writ petition is not maintainable at Allahabad.

Heard Shri A.P. Mathur, learned Counsel for the petitioners and Shri Vikram Gulati who represented the respondents. From the array of parties in the writ petition it is clear that both the petitioners are situate at Lucknow whereas the office of Customs, Excise and Gold (Control) is situate in New Delhi. The relief claimed by the petitioners as already mentioned above is for quashing the order dated 30.3.2000 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi. No cause of action has arisen within the territorial jurisdiction of Allahabad High Court sitting at Allahabad. The cause of action if any has arisen within the territorial jurisdiction of Lucknow Bench of this Court, Shri A.P. Mathur prays that he be permitted to withdraw the writ petition in order to enable him to file a fresh writ petition at Lucknow Bench. The prayer is granted, the writ petition is dismissed as withdrawn with a liberty to file a fresh writ petition at Lucknow Bench of this Court.