Resenberger Shanghai Technology v. Reliance Communications Ltd.

903 lpetn255-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.255 OF 2017 IN COMMERCIAL SUIT (L) NO.343 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.Hasmukh Ravaria a/w Ms.Isha H. Khandhadia i/b M/s.Juris Link for the Petitioner CORAM : K. K. TATED, J.

DATE : SEPTEMBER 8, 2017 P.C.:

1.

Heard the learned counsel for the petitioner. 2.

This petition is preferred by plaintiff under Clause XII of the Letters Patent for permitting them to file Commercial Suit in this court.

3.

The learned counsel for the petitioner submits that part of cause of action arose within the Jurisdiction of this court. To that effect, he has made averments in paragraph 6 of the petition. 4.

Considering the submissions made by the learned counsel for the petitioner and the averments made in paragraph 6 of the petition, I am satisfied that the petitioner has made out a case for allowing the Leave Petition. Hence, following Mohite 1/2

903 lpetn255-17 order is passed:

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

"(a) That leave under Clause XII of the Letters Patent, 1865 for the High Court of Judicature at Bombay be granted to the Petitioner to sue the Respondent abovenamed in this Hon'ble Court."

(B) Leave Petition is disposed of accordingly.

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