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Bombay High CourtLPETN/306/2018disposed off

Kanchan Dayal Shewakramani And 2 ORS v. Benchmark Town Planning Llp And 6 ORS.

2018-09-17Hon'Ble Shri Justice G.S. Patel1 pages

9-LPETN306-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 306 OF 2018 Kanchan Dayal Shewakramani & Ors ...Plaintiffs

Versus

Benchmark Town Planning LLP & Ors ...Defendants Mr Naresh L Kukreja, for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

17th September 2018 PC:- 1.

The Petition is for leave under Clause XII of the Letters Patent. The Suit is for specific performance. Some of the Defendants are outside the jurisdiction of this Court. The property in question is also outside Mumbai although the agreement, of which specific performance is sought was executed in Mumbai. A material part of cause of action has arisen within the jurisdiction of this Court. I am satisfied that with leave granted under Clause XII of the Letters Patent, this Court will have the jurisdiction to entertain and try the suit.

2.

Leave granted. The Petition is made absolute. (G. S. PATEL, J) 17th September 2018