PARLE PRODUCTS PRIVATE LIMITED Vs. SURYA FOOD AND AGRO LIMITED

JUDGEMENT

(1.) THIS Original Side Appeal is filed by the Appellant/Plaintiff challenging the order dated 5.9.2007 passed by the learned single Judge in Application No. 6025 of 2007 in Civil Suit No. 798 of 2006, wherein, the learned single Judge revoked the leave already granted by the Court by order dated 11.10.2006 in Application No. 4056 of 2006 in Civil Suit No. 798 of 2006 (C.S. Diary No. 27805 of 2006).

(2.) THE Appellant/Plaintiff filed Application No. 4056 of 2006 in C.S. No. 798 of 2006, praying to grant leave to sue the Respondent/Defendant and the same has been ordered on 11.10.2006 by the learned single Judge of this Court.

(3.) THE learned single Judge, by the impugned order dated 5.9.2007, ordered Application No. 6025 of 2007 to revoke the leave, as prayed for, inter -alia observing that, "if there is nothing to show that sales have taken place within the jurisdiction of this Court, then leave cannot be granted. There is no other circumstance, which justifies the filing of the suit, within the jurisdiction of this Court because both the Respondent and the applicant carry on business elsewhere. Therefore, not only on the ground of forum convenience, but also because the applicant prima facie failed to establish to the satisfaction of this Court that sales had in fact taken place within the jurisdiction of this Court, leave must be revoked. For deciding whether the leave granted should be revoked, one looks only to the averments in the plaint and the documents filed by the applicant and it is on the basis of his own pleadings that the applicant must establish his case for grant of leave. In this case, the applicant has not succeeded in doing so. Leave granted in Application No. 4056 of 2006 is revoked. Application No. 6025 of 2007 to revoke the leave is ordered as prayed for."