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The Supreme court recently dismissed a writ petition seeking transfer from Kerela high court to Delhi high court. The Kerela Olympic association filed a petition before the court challenging the proceedings initiated by the Ethics Commission of the IOA regarding the election held last year. However, the IOA contended that as per its bylaws any proceeding against it could only be enforced within the jurisdiction of the Delhi high court.
Justice V. Ramasubramanian said, "Suffice it to say that if a court has no jurisdiction to try a list, 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." A precedent was cited wherein it was observed that in case a court does not have jurisdiction to take up a case then rather than it being transferred to some other court it shall be dismissed. This was observed in the case of Arvee Industries and Others vs. Ratan Lal Sharma. However, the decision in the above case does not hold much significance in this case since the court did not declare the proceedings as invalid and the same may be validated at the instance of the other party by simply transferring the same to a court having jurisdiction. However, this cannot be applied in the case above. Thus, due to lack of jurisdiction, the party cannot apply for transfer of the case rather it is a ground to seek dismissal and return of proceedings.
The title of the case is INDIAN OLYMPIC ASSOCIATION vs. KERALA OLYMPIC ASSOCIATION [TRANSFER PETITION (CIVIL) NO. 975 OF 2020]. The Coram is of the single bench Justice V. Ramasubramanian and it is scheduled for the hearing.
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