Divij Developers v. Ashwin Dhirajlal Makwana And 7 ORS.

912-LPETN22-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 22 OF 2018 IN COMMERCIAL SUIT (L) NO. 645 OF 2017 Divij Developers ...Plaintif

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Ashwin Dhirajlal Makwana & Ors ...Defendants Mr ZN Mookhi, i/b Mahimtura & Co., for the Plaintiff. CORAM: G.S. PATEL, J DATED:

22nd June 2018 PC:- 1.

Mr Mookhi points out that in this Suit for damages the entire cause of action has arisen within the jurisdiction of this Court. Defendants Nos. 2 and 3 are outside the jurisdiction of this Court. The Registry has refused to register the Suit unless leave is obtained.

2.

The Registry is misreading Clause XII of the Letters Patent. Where the cause of action has arisen entirely within the jurisdiction of this Court, no leave is required under Clause XII. 22nd June 2018

912-LPETN22-18.DOC 3.

In my view, this Court has jurisdiction without leave being granted. The Registry is directed to number the plaint. 4.

The Leave Petition is disposed of in these terms. No costs. (G. S. PATEL, J) 22nd June 2018