Khanna Industrial Pipes Private Limited v. Stl Exports Ltd.

Nikita Gadgil 1 of 1 95-LPETN-28-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 28 OF 2020 IN COMMERCIAL SUMMARY SUIT (L) NO. 903 OF 2019 Khanna Industrial Pipes Private Ltd.

....Plaintiff V/s.

STL Exports Ltd.

....Respondents.

----- Mr. Yash Jain i/b Halai & Co, Advocate for plaintiff. ----- CORAM : G.S. KULKARNI, J.

DATE : 12 FEBRUARY 2020 P. C.

1.

This is a petition for leave under Clause XII of the Letters Patent. 2.

This is a summary suit filed by the applicant/plaintiff praying for the decree against defendant in the sum of Rs. 2,84,11,032/- as per particulars of claim Exhibit-A of the plaint alongwith interest as prayed for. Defendant has registered address at Indore. 3.

The case of the applicant/plaintiff is that the purchase orders were issued from Mumbai and the goods were also supplied from Mumbai. Invoices were raised by the plaintiffs from Mumbai on the defendants. Payments were also be made at Mumbai and also part payments were received by the petitioner/plaintiffs at Mumbai. 4.

Having perused the averments as made in the leave petition, as also relevant averments in the plaint, in my opinion, material part of cause of action has arisen at Mumbai and with leave of this Court being granted under Clause XII of the Letters Patent, this Court would have jurisdiction to tray and entertain this suit. 5.

Leave granted. The petition is made absolute. [G.S. KULKARNI, J.]