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Rule 3A of the BHC Appellate Side Rules, 1960 – Jurisdiction of the Kolhapur Circuit Bench

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Respondent no.1 carries on business at Kolhapur.  The letter of credit was opened by the Respondent No.3 at Kolhapur Branch of the petitioner bank.   All relevant transactions giving rise to the dispute took place in Kolhapur District.

The Cooperative Court at Kolhapur dismissed the dispute.   However, the Cooperative Appellate Court, Pune, allowed the appeal.  Writ Petition filed in the High Court at Bombay is not maintainable.  

The writ petition “arises” in Kolhapur District within the meaning of Rule 3A.  The doctrine of merger of Kolhapur Cooperative Court into the order of Coop Appellate Court at Pune does not alter this position for territorial jurisdiction of the Benches of the High Court.

The Kolhapur Bench has territorial jurisdiction since the original dispute at Kolhapur arose in its jurisdiction.

Rule 3A of the Bombay High Court Appellate Side Rules, 1960 – Jurisdiction of the Kolhapur Circuit Bench

Judgment dated 9.12.2025 of the High Court of Bombay in  Writ Petition No.2623 of 2024 of Shri Shivneri Sahakari Bank Ltd   Vs.   Rupee Cooperative Bank Ltd and others.

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