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2023 Supreme(Online)(Bom) 26005

HIGH COURT OF BOMBAY
S. M. MODAK, J
SNV Aviation Private Limited – Appellant
Versus
Capt. Gareema Kumar – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Janak Dwarkadas, Ms.Rishika Harish, Mr.Ashish Bhan, Mr.Aayush Mitruka, Ms.Lisa Mishra, Ms.Sonal Singh, Ms.Preksha Gupta, Mr.Darius Khambata, Mr.Srinivas Bobde, Ms.Shreenandini Mukhopadhyaya, Mr.Rohan Dakshini, Ms.Shweta Jaydev, Ms.Janaki Garde, Mr.Chandrajit Das, Ms.Feroza Bharucha, Mr.Shamant Satiya, Ms.Arya Gadagkar, Mr.Zal Andhyarujina, Mr.Azeem Samuel, Mr.Aditya Mehta, Mr.Amit Mishra, Mr.Nazish Alam, Mitakshara Goyal, Mr.Shivam Singhania, Mr.Shiva Gaur,}

JUDGMENT :

1. All these six Leave Petitions are filed in six separate Suits. These suits are filed by Airline company against their erstwhile Pilots/Officers. Normally, the issue of grant of leave is an issue in between the Petitioner- Plaintiff and the Court. Whereas in these Leave Petitions, the Defendants have appeared in pursuance of private notice given on the Interim Applications filed in the suits.

2. All of them have assisted the Court while deciding the issue of grant of leave. Even though Leave Petition is filed in Suit (Stamp) No.25426 of 2023, the Defendant therein resides in Mumbai, and as such the leave is not required. Leave Petition (L) No.25427 of 2023 is disposed of.

3. According to the Petitioner in all these Leave Petitions, this Court will be having exclusive jurisdiction to entertain the suit. They have also pleaded that part of cause of action has arisen within jurisdiction of this Court and that’s why leave is sought. Whereas, according to the Respondent in all these Leave Petitions, this Court will not be having jurisdiction and as such leave cannot be granted. There are affidavits in reply filed by the Defendants. They have opposed the Leave Petitions. There

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