Singh Intelligence Security Pvt.Ltd v. Housing Development And Infrastructure Ltd And ANR

902.LPETNL.306.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION (L) NO. 306 OF 2019 Singh Intelligence Security Pvt. Ltd.

...

Plaintiff

Versus

Housing Development and Infrastructure Ltd. & Anr. ...

Defendants Mr. Aniket Poojari i/b C.R. Naidu & Co. for the Plaintiff. CORAM : R.I. CHAGLA, J.

DATED : 23rd AUGUST, 2019.

P.C. :

This Petition is for leave under Clause XII of the Letters Patent. The Suit is for specific performance of the two agreements of sale dated 13.07.2016 in respect of the subject premises. The agreements for sale had been executed pursuant to a settlement arrived at between the parties to the Suit and in which the residential premises were offered in view of the amount payable. The settlement had been arrived at in Mumbai. The payments are to be made in Mumbai. However, the subject premises are situated at Virar. Further, the agreements for sale which were entered into subsequent to settlement are registered outside Mumbai. Waghmare 1/2

902.LPETNL.306.19.doc I am satisfied that material part of the cause of action has arisen within the jurisdiction of this Court, with leave granted under Clause XII of the Letters Patent, this Court will have jurisdiction to entertain and try the Suit.

Leave granted. Petition is made absolute.

(R.I. CHAGLA, J.) Waghmare 2/2