JUDGMENT - KHANWILKAR A.M., J.:—By this Chamber Summons, the defendant prays that leave granted by this Court under Clause 12 of the Letters Patent, in favour of the plaintiff, by order dated September 8, 2001, to institute the above numbered suit be revoked and consequently, the plaint be returned to the plaintiff for presentation before the appropriate Court. The plaintiff presented the above numbered suit before the authorised Officer of this Court on July 20, 2001 for the following reliefs:

"(a) that the defendant be ordered and decreed to pay to the plaintiff the sum of Rs. 5,00,00,000/- (Rupees five crores only) which has been paid by the plaintiff on the Demand dated 19th February, 2001 to the Income Tax Authorities on account of the tax liabilities of the defendant, together with interest thereon at the rate of 12% p.a. from the date hereof till payment and/or realisation as per particulars of claim Exhibit W hereto.

(b) that the defendant be ordered and decreed to pay to the plaintiff the sum of Rs. 96,16,74,416/- (Rupees ninety six crores sixteen lacs seventy four thousand four hundred and sixteen only) being the balance amount which has been demanded from the plaintiff by the demand dated 19th February, 2001 or such other amount as the plaintiff is required to pay to the Income Tax Authorities on account of the tax liabilities of the defendant, together with interest thereon at the rate of 21% p.a. from the date hereof till payment and/or realisation as per particulars of claim Exhibit W-1 hereto.

(c) that the defendant be ordered and decreed to pay to the plaintiff the sum of Rs. 132,65,21,397/- (Rupees one hundred and thirty two crores sixty five lacs twenty one thousand three hundred and ninety seven only) which has been demanded from the plaintiff by the demand dated 27th March, 2000 or such other amount as the plaintiff is required to pay to the Income tax Authorities on account of the defendant, together with interest thereon at the rate of 21% p.a. from the date hereof till payment and/or realisation as per particulars of claim Exhibit X hereto.

(d) for costs;

(e) for such further and other reliefs as the nature and circumstances of the case may require."

2.A formal application for leave under Clause 12 was moved, which was granted on 8th September, 2001. Thereafter, the suit came to be numbered on 13th September, 2001 and, the plaint was served on the defendant on 1st October, 2001. Upon service, the defendant entered appearance through Advocate by filing Vakalatnama of the Advocate, on 9th October, 2001. Along with the plaint, the plaintiff had also moved for interim relief as prayed in the notice of motion. However, the first notice of motion came to be withdrawn in January 2003 with liberty to file fresh application. Pursuant to the liberty, another notice of motion was filed in February, 2003, which is stated to be pending for hearing. In the meantime, on 17th March, 2003, the present Chamber Summons has been filed for the relief as mentioned earlier.

3.Mainly three contentions have been raised in support of the relief prayed in the Chamber Summons. Firstly, it is argued that no part of cause of action has arisen in Mumbai. If it is so, this Court has no jurisdiction and no leave under Clause 12 could have been granted. It is next contended that the leave as granted by this Court ought to be revoked on the doctrine of "Forum Convenience" of the defendant. It is lastly contended that the plaintiff has first lodged the Suit on 20th July, 2001 without obtaining prior leave under Clause 12 of the Letters Patent; whereas, leave has been granted subsequently on 8th September, 2001, which was impermissible. It is contended that leave under Clause 12 has been granted essentially on the facts stated in Para 30 of the plaint, which reads thus:

"30. The defendant had an office in Bombay till September 1996 but now no longer carries on business in Mumbai. The Wet Lease Agreement dated 22-10-95 was executed in Mumbai.

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