RANJANA DESAI, J.

1. In this petition filed under Articles 226 and 227 of the Constitution, the petitioner has prayed for quashing and setting aside of C.C. No.848/SS/2009 pending on the file of Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai. The petitioner claims to belong to District Ernakulam, Kerala. Respondent 1 - Voltas Limited is a company incorporated under the provisions of the Companies Act, 1956. The said company, inter alia, is engaged in the busienss of providing premier air-conditioner and engineering services.

2. On 9/5/2007, respondent 1 filed the aforesaid complaint in the Court of Metropolitan Magistrate at Ballard Pier, Mumbai (for convenience, Mumbai court”) against M/s. Aswathy Enterprises, Mr. Prabath G.K. and the petitioner as partners of M/s Aswathy Enterprises. In short, it is the case of respondent 1 as stated in the complaint that the accused placed order for supply of airconditioners with them and pursuant to the said order airconditioners were sold, supplied and delivered as required by the accused. The air-conditioners were duly received by the accused. According to respondent 1, invoices were raised which were duly accepted by the