Ramendra Mohan Datta, J. - (1.) In my opinion, if the materials which are now being placed before the Court had been available to the Court at the time of granting such leave under Clause 12 of the Letters Patent then the court, in its discretion, would not have granted the leave considering the balance of convenience of the parties. In exercising its dis cretion in granting leave under Clause 12 it is always relevant for the Court to consider the question of balance of convenience but it is not possible for the Court to consider the same when the Court grants this leave ex parte at the time of the institution of the suit. Therefore the proper time to consider the balance of convenience is the time when the application for revocation of the leave under Clause 12 is heard.
(2.) To succeed in an application for revocation of leave on the ground of balance of convenience, a strong case has to be made out. In other words, a mere balance of convenience would not be enough but it must be such that it would be overwhelmingly in favour of the suit being heard by a Court other than the Court granting the leave. The paramount consideration for the Court in such a case would be to consider whether in acquiring jurisdiction it would cause serious prejudice resulting in injustice to the defendant if the suit would be permitted to be proceeded with in the Court where it has been instituted with such leave.
(3.) In my opinion, this is a case where leave ought to be revoked on the basis of the following considerations.;