V Capital Services v. Visa Powertech Pvt. Ltd. And 4 ORS.

1 901-Lpetn 156-19 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.156 OF 2019 IN COMMERCIAL SUIT NO.1187 OF 2019 M/s.V Capital Services ..Petitioner/Proposed Plaintiff

Versus

Visa Powertech Pvt. Ltd. & Ors.

..Petitioner/Proposed Defendants ----- Mr.Sachin Sharma i/b. Link Legal India Law Services for Petitioner/Plaintiff. ---- CORAM :

G.S. KULKARNI, J.

DATE :

16th JANUARY, 2020 P.C.:

This is a petition seeking leave under Clause XII of the Letters Patent. The suit in question is principally for a money decree. Defendant Nos.2 and 3 who are Directors of defendant No.1 are residents of Mumbai. Defendant Nos.4 and 5 having offices at Navi Mumbai. The petitioner/plaintiff has averred in the plaint that in regard to the cause of action in the present suit, the plaintiff'

s engagement by the defendants was undertaken at Mumbai. The petitioner/plaintiff had also raised their invoices subject matter of the suit at Mumbai and hence although defendant Nos.4 and 5 are having their office at Navi Mumbai, part of cause of action has arisen within the jurisdiction of this Court.

2.

Having perused the averments as made in the plaint and averments as made in the petition, in my opinion, material part of cause of action has arisen within the jurisdiction of this Court as noted above and with 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.]