Bombay High Court
Lodha Developers Ltd, vs Rajendra Narpatmal Lodha on 6 January, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
2026:BHC-OS:123
904-LPETNL42995-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
LEAVE PETITION (L) NO 42995 OF 2025
IN
SUIT (L) NO. 42990 OF 2025
Lodha Developers Limited ...Petitioner/Plaintiff
Versus
Rajendra Narpatmal Lodha & Ors ...Respondents/Defendants
Mr. Karl Tamboly, Mr. Pradeep Bakhru, Mr Piyush Kranti i/b. Wadia
Ghandy & Co.
CORAM :ABHAY AHUJA, J.
DATE : 06th JANUARY 2026
P.C. :
1. This Petition seeks leave under Clause XII of the Letters Patent.
2. Mr. Tamboly, learned Counsel appears for the Petitioner and submits that the Suit proposed to be filed inter alia seeks recovery of Rs. 3,18,42,79,446/- from the Defendants on account of the losses incurred by the Plaintiff due to the fraud and illegalities perpetrated on the Plaintiff by the Defendants No. 1, 3 and 4 by misusing their position and/or authority in the Plaintiff, submitting that the Defendant No. 2 is also complicit in the same.
3. Mr. Tamboly submits that the Plaintiff has its registered office in Mumbai, the Defendants who were whole-time director and employees Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:
2026.01.06 Nikita Gadgil 1/3
18:05:03 +0530 ::: Uploaded on - 06/01/2026 ::: Downloaded on - 06/01/2026 20:48:13 ::: 904-LPETNL42995-2025.doc respectively of the Plaintiff, worked in the ordinary course of business at the Plaintiff's registered office in Mumbai and also reside in Mumbai. That the Defendants have their substantial assets within the jurisdiction of this Court. That the fraud and illegalities committed by the Defendants have resulted in the Plaintiff suffering a large amount of financial loss and consequences in Mumbai. That, however, some of the fraudulent transactions have been made outside Mumbai and that the properties in respect of such fraudulent transactions are located outside Mumbai. That, therefore, although the substantial portion of cause of action falls within the jurisdiction of this Court, however, it may be contended that part of cause of action has been arisen outside Mumbai, however, with leave granted under Clause XII of the Letters Patent, this Court would have jurisdiction to entertain, try and dispose of the Suit.
4. Mr. Tamboly, has drawn this Court's attention to paragraph 4 of the Petition and paragraph 118 of the Plaint in support of his contentions.
5. Having heard the learned Counsel and having considered his submissions and also having perused paragraph 4 of the Petition and paragraph 118 of the Plaint, this Court is of the view that, for reasons as contained in the said paragraphs and as submitted by the learned Nikita Gadgil 2/3 ::: Uploaded on - 06/01/2026 ::: Downloaded on - 06/01/2026 20:48:13 ::: 904-LPETNL42995-2025.doc Counsel, leave under Clause XII of the Letters Patent be granted and is hereby granted in terms of prayer Clause (a) which reads thus:
"(a) That this Hon'ble Court be pleased to grant the leave under Clause XII of the Letters Patent to the Petitioner to institute the captioned Suit against the Respondents before this Hon'ble Court."
6. The Petition, accordingly, stands allowed and disposed as above.
(ABHAY AHUJA, J.) Nikita Gadgil 3/3 ::: Uploaded on - 06/01/2026 ::: Downloaded on - 06/01/2026 20:48:13 :::