Vansh Enterprises And ANR v. Motivation General Trading Llc And 3 ORS.

1/1 6.LPETN380.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO.380 OF 2018 Vansh Enterprises & Anr.

)....Petitioners V/s.

Motivation General Trading LLC & Ors.

)....Respondents ---- Mr.Sujit Lahoti a/w Mr.Komal Khushalani I/by Crawford Bayley and Co. for petitioners.

None for respondents.

---- CORAM : K.R.SHRIRAM,J DATE : 6.2.2019 P.C.:- 1.

Petitioners claim to have exported the goods from Mundra in Gujarat to respondent no.1 in Dubai. The payment for the export was to be made by defendant no.1 via Letter of Credit (LC). Defendant no.3 which is in America opened LC with petitioners being beneficiary. The negotiating bank was defendant no.2 (Talwandi Branch, Kota Rajasthan). Just because head office of defendant no.2 happens to be in Mumbai, does not mean part of cause of action arisen in Mumbai. Therefore, in my view, no part of cause of action has arisen in Mumbai.

2.

Leave refused. Leave petition also signed separately as refused.

(K.R.SHRIRAM,J) KJ