Mark V. Houghton-Berry v. My Mobile Payments Ltd. And 2 ORS

11-LPETN-153-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 153 OF 2019 IN COMMERCIAL SUMMARY SUIT (L) NO. 694 OF 2019 Mark V. Houghton-Berry

...Petitioner

Versus

My Mobile Payments Ltd. & Ors.

...Respondents

---------- Mr. Yash Momaya, i/by Vashi & Vashi, for the Petitioner. ---------- CORAM : R.I. CHAGLA J.

DATE : 30 September 2019 ORDER :

1.

This Petition is under Clause XII of the Letters Patent. 2.

The registered office of Defendant No. 1, who is the remaining contesting party, is within the jurisdiction of this Court. The facility letter under which the claim has been made is executed in Mumbai. The proposed Suit is for a monetary decree in the sum of US$ 3,569,163.05 under the facility letter.

1 / September 30, 2019

11-LPETN-153-19.doc 3.

The breach has been committed by the Defendant No. 1 in Mumbai. However, the Defendant No. 3 is a Company having its registered office in U.K.

4.

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

5.

Leave granted. The Petition is made absolute. [R.I. CHAGLA J.] 2 / September 30, 2019