Bombay High Court
Sovereign Metals Limited vs Apex Metals Limited on 22 August, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
2024:BHC-OS:12855
914. LPETNL 24886-24 in SL 24879-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
LEAVE PETITION (L) NO. 24886 OF 2024
IN
SUIT (L) NO. 24879 OF 2024
Sovereign Metals Limited ...Petitioner
V/s.
Apex Metals Limited ...Respondent
Ms. Mansi Hirve i/b M/s Divekar & Co. for the Petitioner.
CORAM : ABHAY AHUJA, J.
DATE : 22nd AUGUST, 2024
P.C. :
1. This Petition seeks leave under Clause XII of the Letters Patent.
2. Ms. Hirve, learned Counsel appears for the Petitioner/Plaintiff and submits that the Plaintiff has lodged the suit inter alia seeking Digitally signed by NIKITA permanent injunction against the Defendant No. 4, which is the NIKITA YOGESH YOGESH GADGIL GADGIL Date:
2024.08.23 11:28:04 +0530 Petitioner's bank in Mumbai from releasing / making payments under Stand By Letters of Credit (the "SBLC") to Defendants No. 1 to 3.
3. Ms. Hirve submits that the SBLC was opened by the Petitioner with the Defendant No.4, so as to make the payment for supply of gold dors by Defendant No. 1 which is a company incorporated in Tanzania, Nikita Gadgil 1/3 ::: Uploaded on - 23/08/2024 ::: Downloaded on - 23/08/2024 12:02:57 :::
914. LPETNL 24886-24 in SL 24879-24.doc outside the jurisdiction of this Court and that the payments would be routed through the first Defendant's Bank viz. Bank of India (Tanzania), which is Defendant No.2. That although the SBLC is issued by the Defendant No.4 from Mumbai and that the Defendants No. 3 and 4 are having their offices in Mumbai, however, the invocation of the SBLC has been made by Defendant No. 4 from Tanzania and the payments unless injuncted would be made from Respondent No.4 in Mumbai to Respondent No.2 in Tanzania for the benefit of the Respondent No.1 there and also that the Defendants No. 1 and 2 are situate outside the jurisdiction of this Court in Tanzania. That, therefore, although the material part of cause of action has arisen in Mumbai, part of cause of action as above would arise outside the jurisdiction of this Court and therefore, with leave granted under Clause XII of the Letters Patent, this Court would have jurisdiction to entertain, try and dispose the suit.
4. Ms. Hirve relies upon the paragraphs 5 and 5A of the Petition and paragraph 34 of the Plaint in support of her contention.
5. Having heard the learned Counsel and having considered her submissions, this Court is of the view that for the reasons as submitted Nikita Gadgil 2/3 ::: Uploaded on - 23/08/2024 ::: Downloaded on - 23/08/2024 12:02:57 :::
914. LPETNL 24886-24 in SL 24879-24.doc by the learned Counsel as above as well as for reasons in the Petition and in the Plaint, leave under Clause XII of the Letters Patent be granted.
6. The Petition is accordingly made absolute in terms of prayer Clause 6(a), which reads thus:-
"6 a. The Hon'ble Court be pleased to grant leave under Clause XII of Letters Patent Act to enable the Petitioner /Petitioner to file the Suit in this Hon'ble Court."
7. The Petition accordingly stands allowed and disposed.
(ABHAY AHUJA, J.) Nikita Gadgil 3/3 ::: Uploaded on - 23/08/2024 ::: Downloaded on - 23/08/2024 12:02:57 :::