The Mauritus Commercial Bank Limited v. State Bank Of India And 14 ORS

904 lpetn267-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.267 OF 2017 IN COMMERCIAL SUIT (L) NO.469 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.Freedom E. Devitre, Sr.Advocate a/w Mr.Durgaprasad Sabnis, Mr.Sanjeev i/b M/s.Lex Firmus 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 leave to file the suit in this Hon'ble Court.

3.

The learned counsel for the petitioner submits that entire cause of action arose in Mumbai. He submits that plaintiff have their office out of India i.e. at Mauritius. To that effect, petitioner has made a statement in paragraph 3 of the petition.

4.

Considering the submissions made by the learned counsel for the petitioner and the averments made in paragraph 3 of the petition, I Mohite 1/2

904 lpetn267-17 am satisfied that the petitioner has made out a case for allowing the Leave Petition. Hence, following order is passed:

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

"Leave under Clause XII of the Letters Patent be granted to the Petitioner to file and institute the Commercial Cause Suit (logd) No.469 of 2017, in this Hon'ble Court against the Defendant." (B) Leave Petition is disposed of accordingly.

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