De Lage Landen Financial Services India Pvt Ltd v. Pair Cables And 2 ORS.

11 leptn252-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.252 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Rohan Bangar a/w Mr.Shilpan Gaonkar i/b M/s.Zunjarrao and Co. for the plaintiff Mr.Kunal Chheta i/b M/s.M.V.Kini and Co. for the defendant no.3 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 petitioner is seeking permission to file Suit against the defendant in this court. He submits that entire cause of action arose within the jurisdiction of this court. He submits that defendant no.1 have their office outside the jurisdiction of this court. In support of this contention, he relies on paragraph 19 of the plaint. 3.

Considering the submissions made by the learned counsel for the petition and the averments made in the paragraph 19 of the plaint, I am satisfied that the Applicant has made out a case for Mohite 1/2

11 leptn252-17 allowing the present Leave Petition. Hence following order:

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

"(a) that this Hon'ble Court be pleased to grant Leave under Clause XII of the Letters Patent of this Hon'ble Court to the Petitioner in respect of the above Commercial Suit filed by the Petitioner."

B) Leave Petition stands disposed of accordingly.

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