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Bombay High CourtLPETN/130/2019absolute

Ravi Infraproject Pvt. Ltd. v. Nexus Green Limited And ANR

2019-07-17Hon'Ble Shri Justice R. I. Chagla2 pages

904-LPETNL-271-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 271 OF 2019 Ravin Infraproject Pvt.Ltd.

...Plaintiff

Versus

Nexus Green Limited & Anr.

...Defendants ---------- Ms. Tanmayee Rajadhyaksha, a/w Ms. Bhavana Sunder, i/by Nishith Desai & Associates, for the Plaintiff. ---------- CORAM :

R.I. CHAGLA J.

DATE : 17 July 2019 ORDER :

1.

This Petition is under Clause XII of the Letters Patent. The proposed Summary Suit is against Defendants directing the Defendants to make payment of certain amount in USD as per particulars of claim. The bills of exchange, which is the subject matter of this Suit, have been drawn up in Mumbai. The goods in respect of which payment has been claimed under bills of exchange was manufactured at the Plaintiff's factory in 1 / 2 July 17, 2019

904-LPETNL-271-19.doc Mumbai. The Invoices have been raised by the Plaintiff at its registered office at Mumbai. The Defendant No. 1 is residing in London. Defendant No. 1's bank i.e. Bank of Baroda is having its branch in the United Kingdom. However, the bills of exchange are payable in Mumbai.

2.

I am satisfied that the material part of cause of action has arisen within the jurisdiction of this Court. Accordingly, leave is granted under Clause XII of the Letters Patent. This Court will have jurisdiction to entertain and try the Suit.

3.

The Petition is made absolute.

[R.I. CHAGLA J.] 2 / 2 July 17, 2019