Decided on October 11,2018

Vinod Grover And Ors Appellant
Videocom Realty And Infrastructure Ltd And Ors Respondents


G. S. Patel, J. - (1.) The Chamber Summons seeks revocation of leave that I granted on 9th October 2018 to the Plaintiff under Clause XII of the Letters Patent of this Court. I am not commenting on the accuracy or otherwise of the averments in the Leave Petition or even in the plaint.
(2.) The submission from Defendant No. 4, the Applicant in the Chamber Summons, is that, on a plain reading, the suit is one for specific performance of a contract but combined with the prayer for delivery of possession of immovable property. That immovable property is situated wholly outside the jurisdiction of this Court. Therefore, having regard to the judgments of the Supreme Court in Adcon Electronics Pvt Ltd v Daulat & Anr, 2001 7 SCC 698 and Excel Dealcomm Pvt Ltd v Asset Reconstruction Company (India) Ltd & Ors, 2015 8 SCC 219 and the judgment of a learned Single Judge of this Court in DG Kotak & Anr v Rajeshkumar alias Rajas R Doshi & Ors, 2012 3 MhLJ 275 this is a 'suit for land' within the meaning of Clause XII of the Letters Patent. Therefore, no leave could ever have been granted.
(3.) Clause XII of the Letters Patent read thus: "XII. Original jurisdiction as to suits. - And we do further ordain that the said High Court of Judicature at Bombay, in the exercise of its ordinary original civil jurisdiction, shall be empowered to receive, try and determine suits of every description, if, in the case of suits for land or other immovable property such land or property shall be situated, or in all other cases if the cause of action shall have arisen, either wholly, or, in case the leave of the Court shall have been first obtained, in part, within the local limits of the ordinary original jurisdiction of the said High Court or if the Defendant at the time of the commencement of the suit shall dwell or carry on business, or personally work for gain, within such limits; except that the said High Court shall not have such original jurisdiction in cases falling within the jurisdiction of the Small Causes Court at Bombay, or the Bombay City Civil Court.";

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.