Aditya Birla Finance Limited v. Sintex Prefab And Infra Limited And 2 ORS

501-LPETN-147-19-II.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 147 of 2019 IN COMMERCIAL SUIT (L) NO. 970 OF 2019 Aditya Birla Finance Limited

...Petitioner

Versus

Sintex Prefab and Infra Limited & Ors.

...Respondents

---------- Mr. Sharan Jagtiani, a/w Mr. Nitesh Jain, Sairam Subramanian, for the Petitioner.

---------- CORAM :

R.I. CHAGLA J.

DATE :

9 September 2019 ORDER :

1.

This Petition is under Clause XII of the Letters Patent. The proposed Suit is for buyback and repayment in respect of NCDs. The majority meetings which are held between the Plaintiff and the Defendants No. 1 and 2 including personal meetings wherein the Defendants No. 1 and 2 agreed to repay the Plaintiff NCDs were held in Mumbai. Communications received by the Plaintiff are also in 1 / 2 September 9, 2019

501-LPETN-147-19-II.doc Mumbai. However, the Defendants No. 1's registered office is at Ahmedabad. The Defendant No. 2 is residing in Ahmedabad. 2.

I am satisfied that the material part of cause of action has arising within the territorial 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. 3.

Leave granted. The Petition is made absolute. [R.I. CHAGLA J.] Note: This order is modified/corrected as per speaking to minutes of order dated 13.09.2019.

2 / 2 September 9, 2019