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2022 Supreme(Bom) 1065

B.P.COLABAWALLA
Miraj Drymix Private Limited – Appellant
Versus
Snowcem Paints Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rohit Lalwani a/w. Hormuz Mehta & Ankit Nene i/b. J. Sagar
For the Respondent: Ish Jain a/w. Shikhar Khandelwal i/b. Regius Legal, Zal Andhyarujina, Sr. Counsel a/w. Ishani Khanwilkar & Soham Kinkhabwala i/b.Desai Desai Carrimjee & Mulla

JUDGMENT:

1. At the outset, Mr. Lalwani, the learned advocate appearing on behalf of the Petitioners/Plaintiffs, tenders a draft amendment to substitute paragraph 19 of the plaint with the following:

    “19. Defendant No.1 has its registered office in Malegaon and corporate office in Mumbai. The Defendant No.2 is a resident of Mumbai. The Defendant No.3 has its registered office in Gujarat and corporate office Mumbai. The Defendant No.4 has registered office in Pune. The Term Sheet provides that all disputes in connection with or related to the Term Sheet, shall be submitted to the exclusive jurisdiction of the courts of Mumbai. With leave under Clause XII of the Letters Patent, this Hon’ble Court will have jurisdiction to try, entertain and dispose the Suit.”

2. The draft amendment tendered by Mr. Lalwani is taken on record and marked “X” for identification. The Plaintiffs are allowed to amend the plaint as per the draft handed in. The amendment shall be carried out within a period of one week from today and the amended copy of the plaint and proceedings shall be served on the Defendants within a period of two weeks thereafter.

3. The above Petition is filed under Clause XII of the Lett

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