Single judge granted leave petition under Clause XII of the Letters Patent to establish jurisdiction in a money recovery suit where the cause of action arose in Mumbai, despite the respondent being outside Mumbai.
Leave to file the suit was made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
902-LPETN54-18.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
LEAVE PETITION NO. 54 OF 2018
Kanchan Vaswani…Petitioner
Versus
KW Engineering & Sign Studios Pvt Ltd…Respondent
Mr S Mitra, i/b FH Ladha & Company, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:14th March 2018
PC:-
1.Heard. The Petition is for leave under Clause XII of the
Letters Patent. The Respondent is outside Mumbai. A material part
of the cause of action in this money recovery suit arises within the
jurisdiction of this Court. The price of the goods sold and delivered
was payable in Mumbai. I am satisfied that with leave granted under
Clause XII of the Letters Patent, this Court will have the necessary
jurisdiction to entertain and try the suit.
2. Leave granted. The Petition is made absolute.
(G. S. PATEL, J)
Page 1 of 1
14th March 2018
1 issue framed by the court
Whether this Court has jurisdiction under Clause XII of the Letters Patent to try a money recovery suit where the price of goods was payable in Mumbai.
Kanchan Vaswani
KW Engineering & Sign Studios Pvt Ltd
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court