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2006 Supreme(Bom) 191

S.J.VAZIFDAR
Pacific Refractories Ltd. – Appellant
Versus
Stein Heurtey India Projects Pvt. Ltd. – Respondent


VAZIFDAR S.J. J. : - The defendant has taken out this Chamber Summons for revocation of the leave granted by me by an order dated 26.10.2005 under Clause XII of the Letters Patent to file the present suit against the defendant in this Court.

2. The suit is filed to recover a sum of Rs.28,61,938/- together with interest at 18% per annum from the date of filing of the suit till realisation for the goods sold and delivered by the plaintiff to the defendant. The plaintiff raised invoices in respect of the said sales. The supply however was made pursuant to a contract entered into between the plaintiff and the defendant as pleaded in paragraphs 3 and 4 of the plaint.

3. Neither Counsel made an application to lead evidence. Mr. Kutty, the learned Counsel appearing on behalf of the plaintiff, confirmed his submissions in support of his case that the leave was granted correctly only on the basis of the contract having allegedly been entered into in Bombay. Mr. Tulzapurkar, the learned Senior Counsel appearing on behalf Df the defendant, in support of his contention that the leave granted ought to be revoked, submitted that the contract had been entered into in Calcutta. He further submitted
















































































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