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Bombay High Court

Mahindra And Mahindra Limited vs The Federal Bank Ltd on 30 September, 2021

Author: G.S. Kulkarni

Bench: G.S. Kulkarni

                                                                                     20-lpetnl-8866-2020.doc


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               ORDINARY ORIGINAL CIVIL JURISDICTION

                                             CLAUSE XII PETITION (L) NO.8866 OF 2020
                                                                IN
                                           COMMERCIAL SUMMARY SUIT (L)NO.8862 OF 2020

                               Mahindra and Mahindra Ltd.,                          ..    Petitioner.
                                     v/s.
                               The Federal Bank Limited                             ..    Respondent.


                               Ms. Sarah Nawodia i/b. Dhruve Liladhar & Co., for the Petitioner.
            Digitally signed
            by SMITA
SMITA
RAJNIKANT
            RAJNIKANT
            JOSHI
            Date:
                                                                CORAM: G.S. KULKARNI,J.
JOSHI       2021.10.05
            11:16:10
            +0530
                                                                DATED : 30th SEPTEMBER, 2021.
                               P.C:-

This is a Petition for leave under Clause XII of the Letters Patent.

2 Petitioner has set out in para 5 of the Petition that part of the cause of action has arisen outside the local limits of the jurisdiction of this Court namely Vashi (Navi Mumbai) for the reasons that Standby Letters of Credit (for short 'SBLC') under which the Petitioner is seeking a money- decree from the Respondent were issued by the Respondent through its branch at Vashi.

3 Having perused the averments and having heard learned Counsel for the petitioner. I am of the opinion that material part of the cause of action has arisen at Mumbai and with leave of this Court being granted under Clause XII of the Letters Patent, this Court would have jurisdiction to try and entertain the suit.

S.R.JOSHI 1 of 2 20-lpetnl-8866-2020.doc

4. Leave granted. The petition is made absolute.




                                           (G.S. KULKARNI,J.)




S.R.JOSHI                                                             2 of 2