Al Abbar Metal And Glass Pvt. Ltd. v. Ireo Hospitality Company Private Ltd. 3 ORS
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.100 OF 2022 IN COMMERCIAL SUIT (L) NO.14174 OF 2022 Al Abbar Metal & Glass Pvt. Ltd.
...Petitioner
Versus
Ireo Hospitality Company Private Ltd. & Ors.,
...Respondents
---------- Mr. Chaitanya Chavan a/w Mr. Rahul Singh a/w Ms. Esha Singh Bhadoria a/w Ms. Manasi C. Pandit and Ms. Pranali Raut, Advocates for Petitioners.
Mr. Harsh Moorjani a/w Mr. Samsher Garud a/w Mr. Shantanu Agarwal a/w Ms. Chandreyee Maitra and Ms. Juhi Valia i/b Jayakar Partners, Advocates for Defendant Nos. 1 and 2 in Interim Application.
---------- CORAM : R.I. CHAGLA J.
DATE : 13TH FEBRUARY, 2023.
ORDER :
1.
This Leave Petition under Clause XII of the Letters of Patent is for leave for filing the Suit against the Respondents within the jurisdiction of this Court.
2.
In Paragraph 32 of the Plaint, it is mentioned that the cause of action of the suit has arisen in Mumbai within the jurisdiction of this 1/3
Court. The Plaintiff has its Registered Office in Mumbai and carries on business in Mumbai. The Agreement between the Plaintiff and Defendant was executed in Mumbai. The Letter of Intent and Work Orders were received by the Plaintiffs in Mumbai and execution by the Plaintiff is in Mumbai. The payments under the Agreement were received by the Plaintiff at Mumbai. The work in the present matter was carried out outside the Mumbai at Gurgaon and therefore, a part of the cause of action has arisen outside Mumbai and in view of which leave under Clause XII of the Letters of Patent has been sought from this Court in view of the integral part of the cause of action within Mumbai.
3.
I am satisfied from the jurisdiction clause in the Plaint that the integral part of the cause of action has arisen in Mumbai. This is in view of the Letter of Intent and Work Orders under which payments had been claimed and part payment of which is made have been signed by the Plaintiff in Mumbai. The contract has accordingly been concluded in Mumbai. It is in view of the work being carried out outside Mumbai at Gurgaon that leave is sought under Clause XII of the Letters of Patent.
4.
Accordingly, the Leave Petition is made absolute in terms of the 2/3
prayer Clause 'a'.
5.
Leave Petition is disposed of.
6.
Place the Interim Application (L) No.14183 of 2022 on 8th March, 2023.
[R.I. CHAGLA J.] 3/3