Bombay High Court
Ingram Micro India Pvt Ltd vs Taashee Linux Services Pvt. Ltd on 10 March, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
9-LPETNL-34391-22.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
LEAVE PETITION (L) NO. 34391 OF 2022
IN
COMMERCIAL SUMMARY SUIT (L) NO. 34388 OF 2022
Ingram Micro India Pvt.Ltd. ...Petitioner
Versus
Taashee Linux Services Pvt.Ltd. ...Respondent
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Mr. Kedar Wagle a/w Mr. Sagar Wagle i/by Riddhi A. Pandit for the
Petitioner.
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CORAM : R.I. CHAGLA J
DATE : 10 March 2023
ORDER :
1. By this Leave Petition, the Petitioner/Plaintiff is seeking leave under Clause XII of the Letters Patent Act to institute the Suit in this Court against the Defendant.
2. In the jurisdiction clause, paragraph 21 of the Plaint, it is mentioned that the Plaintiff has office at Mumbai and the purchase orders in respect of which monetary claim is made in the Suit were received by email by the Plaintiff in Mumbai and the same were addressed to Barun Bhattacharya, the Group Product Manager of the Plaintiff for and on behalf of the Plaintiff. Supplies made by the 1/2 ::: Uploaded on - 14/03/2023 ::: Downloaded on - 14/03/2023 23:57:27 ::: 9-LPETNL-34391-22.doc Plaintiff were from its branch office in Singapore and the consignment was delivered at Mumbai to Tata Communication Limited, Mumbai and to Infosys Limited, Bangalore and which has branch office at Mumbai. Further, the Defendant has acknowledged liability to pay and the communication being exchanged by email addressed and received by the Plaintiff's Managerial Personnel at Mumbai office of the Plaintiff. The Defendant has its registered office at Telangana.
3. It is accordingly, mentioned in the jurisdiction clause that this Court has jurisdiction to try and entertain the Suit.
4. I have considered the jurisdiction clause at paragraph 21 of the Plaint. In view of the substantial part of the cause of action having arisen in Mumbai, leave to institute this Suit in Mumbai is granted. Accordingly, Leave Petition is made absolute in terms of prayer clause (a).
5. Leave Petition is accordingly, disposed of.
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