Bothe Windfarm Development Pvt.Ltd. v. The New India Assurance Co.Ltd. And ANR.

903-LPETN-116-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 116 OF 2019 IN COMMERCIAL SUIT (L) NO. 25 OF 2019 Bothe Windfarm Development Pvt.Ltd.

...Petitioner/

Proposed Plaintiff

Versus

The New India Assurance Co.Ltd. & Anr.

...Respondents

---------- Mr. Rishi Morarka, i/by Mr. Ashwin Shanker, for the Petitioner. ---------- CORAM :

R.I. CHAGLA J.

DATE : 19 June 2019 ORDER :

1.

This Petitioner seeks leave under Clause XII of the Letters Patent for admission of the Commercial Suit in the Register of Suits of this Court against Respondents. 1 / 2 June 19, 2019

903-LPETN-116-19.doc 2.

The necessary averments are made in paragraph 5 of the Petition. The substantial cause of action has taken place in Mumbai, as the insurance policy which forms subject matter of the Suit along with the correspondence regarding insurance policy as well as the wrongful repudiation of the Petitioner's claim in respect of the insurance policy has arisen from the registered office in Mumbai. Hence, the Petitioner shall be granted leave under Clause XII of the Letters Patent and the Petition is made absolute in terms of prayer clause (a). 3.

The Petition is accordingly disposed of.

[R.I. CHAGLA J.] 2 / 2 June 19, 2019