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INTRODUCTION: Recently, relying on two Supreme Court decisions in the case of Harman Electronics Private Limited Vs. National Panasonic India Private Limited {2009 (1) SCC 720; Declared on 12.12.2008} and in the case of Shri Ishar Alloy Steels Ltd. Vs. Jayaswals Neco Ltd {(2001) 3 SCC 609; A decision was made on 22.02.2001}, Delhi High Court in Surjeet Singh Vs M / s G.E. Capital Transport Financial Services & Anr (CRL.M.C.No. 286/2009; Resolution dated 22.01.2010).
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“9. Since the delivery of the notice from Delhi to Raipur does not apply to the Delhi Court due to the decision of the Hon'ble High Court in the case of Harman Electronics Private Limited (supra) and bank deposit check for defendant No. 2 Delhi also does not create a court in Delhi where a check is issued to a bank outside Delhi, and there is no other reason to authorize the Delhi Court, it cannot be said that the Delhi Court has the power to try this appeal. ”
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NOTE: With great respect and submission I humbly say that I cannot agree with this decision of the Delhi High Court. The Hon'ble Delhi Supreme Court has ruled in favor of relying on these SC rulings to conclude that the Delhi Court did not have the TERRITORIAL JURISDICTION to try the NI 138. Act, 1881. Therefore, I cannot agree with this decision because for the following reasons.
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(1) The two-judge panel of hon'ble SC in 'Harman Electronics' is clearly not in line with the benchmark benchmark TWO JUDGE bench of hon'ble SC in K. Bhaskaran Vs. Sankaran Vaidhyan Balan & Another {(1999) 7 SCC 510; Decision made on 29.09.1999}. It is noteworthy that thereafter the SC decision in 'K. Baskaran's reliance on the two-judge bench of the Supreme Court in the case of St. Shamshad Begum Vs. B. Mohammed {2008 (13) SCALE 669; 2008 (11) JT 428; The decision was made on 03.11.2008). 2) Recently, the Hon'ble Supreme Court in the Union of India & Others Vs S.K. Ikapoor {(2011) 4 SCC 589; A decision was made on 16.03.2011} held (SCC Pp 591, para 9):
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“9. ………… ..It is well-established that if the next integration bench of equal strength wants to take a different view, it can transfer the matter to a larger bench, otherwise the CO-PREVIOUS BACK DECISION BINDS TO THE NEXT BAND OF STRENGTH BAND. Since, the decision in S.N. Narula's case (SNNarula vs. Union of India & Others, Civil Appeal No. 642 of 2004 was decided on January 30, 2004 {Order Cited now vide (2011) 4 SCC 591} was not seen in the case of TV Patel {(2007) 4 SCC 785}, the latest decision in each case in the decision-making case.The decision in the case of SN Narula (supra) was binding on the next bench of equal power and therefore, NO ONE CAN TAKE AN OPPOSITION VIEW, as amended by a series of judgments in this Court. ”
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