Bombay High Court
Sahastraa Exports Pvt. Ltd vs Ap Moller Merrsk A/S And 7 Others on 19 January, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
JITENDRA by JITENDRA
SHANKAR
SHANKAR NIJASURE
NIJASURE 15:10:22
Date: 2023.01.21
+0530
18-lpetnl-14251-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
LEAVE PETITION (L) NO.14251 OF 2022
IN
COMM SUIT (L) NO.14246 OF 2022
Sahastaraa Exports Pvt. Ltd. ...Petitioner
Versus
AP Moller Maersk A/S & Ors. ...Respondents
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Juhi Shah with Gaurav Jangle i/b. I V Merchant & Co. for the
Petitioner.
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CORAM : R.I. CHAGLA J
DATE : 19 January 2023
ORDER :
1. The Leave Petition has been filed by the Petitioner for grant of leave under Clause XII of the Letters Patent to institute the present Suit in this Court.
2. The Petitioner / Plaintiff has filed the present Suit for declaration that the detention of the shipment / cargo by the Respondent No.2 is wrongful, illegal and/or bad in law and further 1/3 18-lpetnl-14251-2022.doc Respondent Nos.1 and 2 jointly and / or severally be directed to release the shipment / cargo of the Petitioner and complete all necessary formalities for issuing the certificate / delivery order to the Petitioner.
3. It is averred in Paragraph 38 of the Plaint that the Plaintiff carries on its business in Mumbai. The Respondent No.2 / Defendant No.2 carries on its business and has its office in Mumbai. The Respondent No.3 / Defendant No.3 has also its office in Mumbai. The Respondents / Defendant Nos.3, 4, 6 and 7 also carry on their business and have their registered / branch / corporate office in Mumbai. The Respondent / Defendant No.1 who is the mother company of the Defendant No.2 has its place of business in Copenhagen, Denmark and Respondent No.5 is the seller who carries on its business in Dalian, China. The Respondent Nos.1 and 5 are stated to be necessary and proper parties to the present Suit. It is further averred that the majority of the cause of action has occurred within the jurisdiction of this Court.
4. Having considered the averments in the Leave Petition as well as averments in Paragraph 38 of the Plaint, a case is made out 2/3 18-lpetnl-14251-2022.doc for grant of leave under Clause XII of Letters Patent to institute the present Suit in this Court.
5. Accordingly, the Leave Petition is made absolute in terms of prayer clause (a).
[R.I. CHAGLA J.] 3/3