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Quadricon Pvt. Ltd vs Shri Bajrang Alloys Ltd on 17 March, 2009

Bio-Medicals Limited Vs. Revijay Clinical Laboratory and Hospital and submitted that the leave was granted after the admission of the suit. In the said case along with the three suits instituted by the plaintiff the plaintiff had filed applications under clause 12 of the Letters Patent and pressed for orders but the learned single Judge was of the opinion that as on the invoice there is a note "subject to Mumbai jurisdiction", no leave was necessary and , therefore, the learned single Judge did not pass any order on the applications taken out by the appellant under clause 12 of the Letters Patent.
Bombay High Court Cites 15 - Cited by 10 - S B Mhase - Full Document

Air India Ltd. vs Caribjet Inc. on 5 March, 2004

Reliance is also placed on decisions reported in Transasia Bio-Medicals Ltd. v. Revijay Clinical Laboratory and Hospital ; Noorjahan w/o. Altaf Ahmed v. Sadrunnisa w/o. Haji Fatehulla Khan ; Rhoda Jal Mehta v. Homi Framroze Mehta and Devidatt Ramniranjandas v. Shriram Narayandas [1932] 34 Bom LR 236 ; AIR 1932 Bom 291, to contend that leave under clause 12 is a condition precedent for receiving, trying and determining the suit, such as the present one. It is contended that there is no difference between lodging, filing or admitting the plaint and, in the present case, the plaint has been lodged before obtaining leave of the court, which is impermissible. In such a case, the court has no option but to return the plaint to the plaintiff for presentation before the appropriate court.
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