Synopsis

The petitioner, a company engaged in toll collection under a contract with the National Highways Authority of India (NHAI), sought a writ of mandamus for release of Force Majeure Claims (FCMs) for the period 01.02.2021 to 04.05.2021. The contract pertained to a toll plaza in Odisha. The petitioner had previously filed two writ petitions before the Delhi High Court concerning the same contract, which were disposed of on merits without raising jurisdictional objections. In the present petition, the court, after examining the factual matrix, held that the material and integral part of the cause of action arose outside Delhi. Relying on the doctrine of forum conveniens and its earlier decision in Indure Pvt. Ltd. v. Government of NCT of Delhi, the court dismissed the petition, granting liberty to the petitioner to approach the jurisdictional High Court.

Court: High Court of Delhi
Coram: Purushaindra Kumar Kaurav, J.
Date: March 24, 2026
Citation: 2026:DHC:2714
Core Law: Constitutional Law (Article 226), Territorial Jurisdiction, Doctrine of Forum Conveniens

2. Legal Framework

• Constitution of India: Article 226 – territorial jurisdiction of High Courts.

• Doctrine of Forum Conveniens: Even where a part of cause of action arises within the court’s jurisdiction, the court may decline to entertain the matter if a more convenient forum exists.

• Precedents:
  Kusum Ingots & Alloys Ltd. v. Union of India (2004) 6 SCC 254 – even a small part of cause of

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