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Bombay High CourtLPETN/191/2017disposed off

Unimark Remedies Ltd. v. Pravir Choubey

2017-05-09Hon'Ble Shri Justice K.K. Tated2 pages

901 lpetn191-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION LEAVE PETITION NO.191 OF 2017 IN COMMERCIAL SUIT (L) NO.277 OF 2017 Unimark Remedies Ltd.

.. Petitioner vs.

Pravir Choubey .. Respondent Mr.Sahil Mahajan a/w Mr.Utsav Salunke and Mr.Tanmay Kelkar for the petitioner Mr.Suraj B.Gothwal for the respondent CORAM : K. K. TATED, J DATE : MAY 9, 2017 (VACATION COURT) P.C.:

Heard the learned counsel for the parties.

This petition is under Clause XII of the Letters Patent of the High Court at Bombay for filing the Suit against the defendant who is staying at Bhopal, Madhya Pradesh.

It is the contention of the petitioner that substantial cause of action arise within the jurisdiction of the Hon'ble High Court. To that effect, he has made averments in para 34 of the plaint. Considering the submissions made by the learned counsel for the Mohite 1/2

901 lpetn191-17 petitioner and the averments made in para 34 of the plaint, I am satisfied that the petitioner has made out a case for allowing the petition under clause XII of the Letters Patent in terms of prayer clause (a) which reads thus:

"(a) that this honorable Court may be pleased to grant Leave under clause XII of the Letters Patent to enable the Petitioners to initiate the present suit in this Hon'ble Court." Petition stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2