- (1.) This is an application for revocation of leave granted under clause 12 of the Letters Patent made by the defendant. The plaintiff entered into a contract with the defendant inter alia for raising capital to be raised by the defendant on behalf of the plaintiff. In paragraph 9 of the plaint the plaintiff stated as follows : "9. The plaintiff states that both the said agreements dated 12th September, 2002 and 11th November, 2002 were executed by the plaintiff at its office situated at 2, Hare Street, Kolkata-700 001 within the jurisdiction of this Hon'ble Court. The said agreements were thereafter sent by the plaintiff to the defendant to its registered office at Deaufort House, Road Town, Tortola, British Island and the said agreements were executed by the defendant at the British Virgin Islands outside the jurisdiction of this Hon'ble Court".
(2.) Earlier in paragraph 1 of the plaint the plaintiff stated that they were carrying on business at all material times within the jurisdiction of this Court.
(3.) Paragraph 35 of the plaint being also relevant herein is quoted below : "35. The-said agreements dated 12th September, 2002 and 11th November, 2002 were executed and concluded by the plaintiff at its office at 2, Hare Street, Kolkata-700 001 within the jurisdiction of this Hon'ble Court. The said sum of US$ 20,000 and said sum of US$ 2,625 were both paid by the plaintiff through its banker, being the UCO Bank, International Banking Branch, having its office at 4 & 4/1 Red Cross Place, Kolkata-700 001 within the jurisdiction of this Hon'ble Court. For the said reasons as also for the reasons more fully and particularly stated in paragraphs 1 & 9 hereinabove a part of the cause of action arose within the jurisdiction of this Hon'ble Court and inasmuch as the payment of the said sums of US$ 20,000 and US$ 2,625 were received by the defendant at its office at Deaufort House, Road Town, Tortola, British Virgin Islands outside the jurisdiction of this Hon'ble Court, it is just and proper that leave be granted to the plaintiff under clause 12 of the Letters Patent to institute this suit".;