AIR INDIA LTD Vs. CARIBJET INC

JUDGEMENT

(1.) BY this Chamber Summons, the defendant prays that leave granted by this Court under Clause 12 of the Letters Patent, in favour of the plaintiff, by order dated 8/09/2001, to institute the above numbered suit be revoked and consequently, the plaint be returned to the plaintiff for presentation before the appropriate Court. The plaintiff presented the above numbered suit before the authorised Officer of this court on 20/07/2001 for the following reliefs:

(2.) A formal application for leave under Clause 12 was moved, which was granted on 8/09/2001. Thereafter, the suit came to be numbered on 13/09/2001 and, the plaint was served on the defendant on 1/10/2001. Upon service, the defendant entered appearance through advocate by filing Vakalatnama of the Advocate, on 9/10/2001. Along with the plaint, the plaintiff had also moved for interim relief as prayed in the notice of motion. However, the first notice of motion came to be withdrawn in january 2003 with liberty to file fresh application. Pursuant to the liberty, another notice of motion was filed in February, 2003, which is stated to be pending for hearing. In the meantime, on 17th March, 2003, the present chamber Summons has been filed for the relief as mentioned earlier.

(3.) MAINLY three contentions have been raised in support of the relief prayed in the Chamber Summons. Firstly, it is argued that no part of cause of action has arisen in Mumbai. If it is so, this Court has no jurisdiction and no leave under Clause 12 could have been granted. It is next contended that the leave as granted by this Court ought to be revoked on the doctrine of "forum convenience" of the defendant. It is lastly contended that the plaintiff has first lodged the Suit on 20/07/2001 without obtaining prior leave under clause 12 of the Letters Patent; whereas, leave has been granted subsequently on 8/09/2001, which was impermissible. It is contended that leave under Clause 12 has been granted essentially on the facts stated in Para 30 of the plaint, which reads thus: