Goenka Jewellers v. Elegant Jewellery Mfg.Company

10 leptn237-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.237 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Ms.Asfiya Cutchi i/b M/s.K.K.Associates for the plaintiff CORAM : K. K. TATED, J.

DATE : SEPTEMBER 22, 2017 P.C.:

1.

Heard the learned counsel for the petitioner. 2.

By this Leave Petition under Clause XII of the Letters Patent of the High Court of Judicature at Bombay, petitioner is seeking leave to file Commercial Suit in the jurisdiction of this court. She submits that entire cause of action arose within the jurisdiction of this court. To this effect, she relies on paragraph 20 of the petition and also in 'Exhibit A-1'.

3.

Considering the submissions made by the learned counsel for the plaintiff and the averments made in the paragraph 20 of the plaint, I am satisfied that the Applicant has made out a case for allowing the present Leave Petition. Hence following order:

Mohite 1/2

10 leptn237-17 A) Leave Petition is allowed in terms of prayer clause (a) which reads thus:

"(a) that this Hon'ble Court be pleased to grant to the Petitioner leave under Clause XII of the Letters patent of this Hon'ble Court to file and/or number the suit being Commercial Suit ______ of 2016 against the respondent in this Hon'ble Court."

B) Leave Petition stands disposed of accordingly.

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