Lack Of Jurisdiction Of A Court May Be A Ground To Seek Dismissal/Return Of Proceedings, Rather Than Seeking Transfer: Supreme Court [Read Order]

The Supreme Court has dismissed Indian Olympic Association's plea seeking transfer of a writ petition pending before Kerala High Court to Delhi High Court.

The Kerala Olympic Association had filed a writ petition before the Kerala High Court challenging the proceedings initiated by the Ethics Commission of the IOA regarding the election held last year. Before the Apex court, the IOA contended that any proceeding against it, as per its own by­laws, could be filed only in a court within the jurisdiction of the Delhi High Court.

"Suffice it to say that if a court has no jurisdiction to try a lis, it is good for the party raising the issue of jurisdiction to seek the dismissal/return of the proceedings, rather than seeking a transfer. I fail to understand the anxiety of the petitioner, to make an irregular proceeding initiated by the first respondent, regular.", Justice V. Ramasubramanian said.

The IOA relied on the decision in Arvee Industries and Others vs.Ratan  Lal Sharma, to contend that if a particular proceedings is ex facie instituted deliberately in a wrong court, it will not have any bearing on the question of transfer. In this regarding, the court observed: 

"The decision in Arvee Industries (supra) is no answer to this contention, since this Court did not say in that case that an invalid proceeding, may be validated, at the instance of the opposite party by transferring the same to a court having jurisdiction. Paragraph 13 of the decision in Arvee Industries (supra) is of significance."

While dismissing the transfer petition, the court said that IOA can raise the issue of jurisdiction before the Kerala High Court, along with all other contentions on merits.

CASE: INDIAN OLYMPIC ASSOCIATION vs. KERALA OLYMPIC ASSOCIATION  [TRANSFER PETITION (CIVIL) NO. 975 OF 2020]  
CORAM: Justice V. Ramasubramanian 
COUNSEL: Adv D.N. Goburdhan, Sr. Adv. V. Giri

Click here to Read/Download Order

Read Order