Go Airlines (India) Ltd. v. Wolfgang Mag Prock Schauer

P4-LEPTN31-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION LEAVE PETITION NO.31 OF 2018 IN COMMERCIAL SUIT NO. OF 2018 Go Airlines (India) Ltd.

...Petitioner /

Proposed Plaintiff

Versus

Wolfgang Mag Prock-Schauer

...Respondent/

Proposed Mr Rohan Kelkar, i/b Crawford Bayley & Co., for the Petitioner. CORAM: G.S. PATEL, J DATED:

6th February 2018 PC:- 1.

Not on board. Mentioned. Taken on board.

2.

The is a Petition for leave under Clause XII of the Letters Patent. There is urgency since the Plaintiff/Petitioner needs to move tomorrow. The Suit arises out of an employment contract. The Respondent in the Petition was the managing director of the Petitioner. The contract confers exclusive jurisdiction to Courts in Mumbai where it was executed. A material part of cause of action 6th February 2018

P4-LEPTN31-18.DOC has arisen within the Mumbai. However, the Respondent has an permanent address overseas and outside Mumbai. 3.

Therefore, with leave granted under Clause XII of the Letters Patent, this Court will have the necessary jurisdiction to try and entertain the suit.

4.

Leave granted. The Petition is made absolute. (G. S. PATEL, J) 6th February 2018