Al Turki Enterprises L.L.C. v. Kamlesh Rasiklal Shah And 3 ORS.

P3-LPETNL115-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION LEAVE PETITION (L) NO. 115 OF 2018 IN SUIT (L) NO. 524 OF 2018 Al Turki Enterprises LLC

...Petitioners

Versus

Kamlesh Rasiklal Shah & Ors

...Respondents

Mr Yogesh Gaikwad, i/b Billawala & Co, for the Petitioners. CORAM: G.S. PATEL, J DATED:

20th April 2018 PC:- 1.

Not on board. Mentioned. Taken on board.

2.

There is urgency since the Plaintiff proposes to move for urgent ad-interim reliefs and this Notice of Motion is to be registered in the course of the day. The proposed Suit is for recovery of amount of over Rs. 21 crores and there is an apprehension that properties acquired out of misappropriate funds may be further transacted.

3.

Having regard to the fact that the Defendants are all in Mumbai and the cause of action has arisen entirely within the 20th April 2018

P3-LPETNL115-18.DOC jurisdiction of this Court as is apparent from paragraph 14 of the Leave Petition and paragraph 15 of the proposed Suit, I do not believe that any leave is required. This Court has jurisdiction to entertain the Suit. Merely because some funds have been sent out of Mumbai will not rob this Court of its jurisdiction. 4.

The Leave Petition is dismissed.

(G. S. PATEL, J) 20th April 2018