Bombay High Court
Bengal Mills Stores Supply Company vs Oriental Nicco Projects Pvt.Ltd on 10 January, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
11-LPETNL-397-19.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
LEAVE PETITION (L) NO. 397 OF 2019
IN
COMMERCIAL SUIT (L) NO. 941 OF 2019
Bengal Mill Stores Supply Company (Bombay) ...Plaintiff
Versus
Oriental Nico Projects Pvt.Ltd. ...Defendant
----------
Ms. Gargi Warunjikar i/by Mr. Nitesh Bhutekar for the Plaintiff.
----------
CORAM : R.I. CHAGLA J
DATE : 10 January 2023
ORDER :
1. Heard learned Advocate appearing for the Plaintiff.
2. By this Leave Petition, the Plaintiff is seeking leave under Clause XII of the Letters Patent Act to proceed with the present Commercial Suit against the Defendant before this Court.
3. The Plaintiff by the present Commercial Suit is seeking 1/3 ::: Uploaded on - 13/01/2023 ::: Downloaded on - 14/01/2023 03:16:39 ::: 11-LPETNL-397-19.doc recovery of a sum of Rs. 72,65,421.28 only as principal amount and Rs. 83,83,934.66 as interest thereon at the rate 24% per annum till August 2019 as per the invoices raised by the Plaintiff and agreed to be paid by the Defendant. Thus, there is an aggregating amount of Rs. 1,56,49,355.94 with further interest thereon at the rate of 24% per annum from the date of filing of the Suit till actual realization of the amount claimed.
4. Leave has been sought in lieu of the Defendants having its office in Kolkata. The Plaintiff has stated in paragraph 27A the the Plaintiff is carrying on business at Mumbai and purchase orders were placed at Mumbai. The Plaintiff has been supplied with the materials and in respect of which invoices are raised from Mumbai. The Plaintiff has also received part payments towards said supply from the Defendant at Mumbai.
5. The Plaintiff has accordingly averred in the Plaint that this Court has jurisdiction to try and entertain the present Suit and finally decide the liability of the Defendant. The Plaintiff has stated that the Defendant has received the materials at its NMDC Project at Nagarnar, Chatisgarh and hence, part of transaction have occurred 2/3 ::: Uploaded on - 13/01/2023 ::: Downloaded on - 14/01/2023 03:16:39 ::: 11-LPETNL-397-19.doc outside the jurisdiction of this Court. The Plaintiff has accordingly, sought leave under Clause XII of the Letters Patent Act.
6. I have considered the averments in the Leave Petition as well as taking note of the fact that the transaction had taken place in Mumbai by the Plaintiff supplying materials from Mumbai as well as invoices raised against the materials supplied from Mumbai. Further, the Plaintiff has received part payment in Mumbai. The Plaintiff has claimed recovery of balance payments form the Defendant. The cause of action for filing the Commercial Suit has thus, arisen at Mumbai i.e. within legal limitations of ordinary civil jurisdiction of this Court.
7. Leave under Clause XII of the Letters Patent Act is granted to the Petitioner to proceed with the present Suit against the Defendant before this Court.
8. Leave Petition is accordingly, disposed of.
9. Registry is directed to finally number the Commercial Suit which is still bearing (L) No. 941 of 2019.
[R.I. CHAGLA J.] 3/3 ::: Uploaded on - 13/01/2023 ::: Downloaded on - 14/01/2023 03:16:39 :::