Ska Power Generation (Chhattisgarh) Ltd. v. Indian Bank

psv 1 71-Lpetn 35-20 in comssl 133-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.35 OF 2020 IN COMMERCIAL SUMMARY SUIT (L.) NO.133 OF 2020 SKS Power Generation (Chhattisgarh) Ltd.

..Petitioner

Versus

Indian Bank ..Respondent ----- Ms.Poorva Garg i/b. M/s.Mulla & Mulla & Craigie Blunt & Caroe for Petitioner. ---- CORAM : G.S. KULKARNI, J.

DATE : 18th FEBRUARY, 2020 P.C.:

1.

This is a petition seeking leave under Clause XII of the Letters Patent. The above summary suit is filed for a decree against the defendant-Indian Bank through its Chief Manager having his office at Trichy Cantonment Branch, Nagar Arcade, No.5, Williams Road, Cantonment, Tiruchirappalli - 620 001. The decree is prayed for an amount of Rs.57,30,00,000/- together with interest as prayed for which is stated to be an amount receivable to the petitioner/plaintiff under the suit bank guarantee. This petition has been filed as the respondent is having address at Cantonment, Tiruchirappalli. On a perusal of clause 12 of the bank guarantee, it is clear that the parties have agreed that exclusive jurisdiction would be the Courts at Mumbai. 2.

Having perused the relevant paragraphs in the plaint and also having perused the clause of the bank guarantee, it is seen that material part of the cause of action has arisen at Mumbai within the jurisdiction of this Court and with the leave of this Court being granted under Clause XII of the Letters Patent, this Court would have jurisdiction to try and entertain this suit. 3.

Leave granted. The petition is accordingly allowed. [G.S. KULKARNI, J.] Digitally signed by Prajakta S.

Vartak Date:

2020.02.21 23:12:34 +0530 Prajakta S.

Vartak