SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Bom) 1188

MOHIT S.SHAH, A.K.MENON
KPL International Limited – Appellant
Versus
API Industries Private Limited – Respondent


Advocates:
Advocate Appeared:
Mr. Simil Purohit with Raj Panchmatia, Peshwan Jehangir and Himanshu Vidhani i/b. Khaitan & Co. for the appellant.

JUDGMENT

This appeal is directed against the judgment and order dated 18 June 2015 of the learned Single Judge declining leave under clause 12 of the Letters Patent for institution of the Summary Suit proposed to be filed by the appellant-plaintiff against the respondent-defendant.

2. The respondent-defendant is a limited company with its registered office at Bhavnagar in Gujarat. The defendant, however, has its regional office in Mumbai within the territorial jurisdiction of this Court. The learned trial Judge took the view that since the registered office of the defendant, which is its principal place of business is in Bhavnagar, Gujarat, the defendant cannot be taken to be carrying on its business in Mumbai, even if its regional office was situated at Mumbai. Of course, its subordinate regional office in Mumbai may give this Court territorial jurisdiction, but only in respect of any cause of action or a part thereof which has arisen in Mumbai. For taking this view, the learned trial Judge relied upon the explanation to section 20 of the CPC. The learned Judge then held that since no cause of action or any part thereof had arisen within the territorial limits of this Court, leave

















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top