IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 275 OF 2001 LETTERS PATENT APPEAL NO. 275 OF 2001 LETTERS PATENT APPEAL NO. 275 OF 2001 IN IN IN FIRST APPEAL NO. 915 OF 2000 FIRST APPEAL NO. 915 OF 2000 FIRST APPEAL NO. 915 OF 2000 Maharashtra State Electricity Distribution Company Limited ...Appellant (Orig.Respondent/ Defendant) V/s. M/s.Global Wool Alliance Pvt.Ltd. ...Respondent (Orig.Appellant/ Plaintiff) Ms.Deepa Chawan i/b. M/s.Little & Co. for the Appellant. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : JANUARY 17, 2008 DATED : JANUARY 17, 2008 DATED : JANUARY 17, 2008 P.C. :- P.C. :- P.C. :- 1. By this appeal, the appellant challenges order dated 16th November, 2000 passed by the learned Single Judge of this Court in First Appeal No.915 of 2000. By that order, the learned Single Judge allowed the first appeal filed by the respondent herein and set aside the judgment and order of the trial court. The first appeal was directed against the judgment dated 12th October, 2000 passed by the City Civil Court, Greater Bombay. By that order, the trial Court had returned the plaint to - 2 - the plaintiff on the ground that the trial court does not have territorial jurisdiction to entertain the suit. The learned Single Judge relying on the provisions of Section 20 of the C.P.C. which admittedly applies has held that because the defendant carries on business within the territorial jurisdiction of the trial court, the trial court has the jurisdiction to entertain the suit. The learned Single Judge has referred to the judgment of the Supreme Court in the case of M/s.Patel M/s.Patel M/s.Patel Roadways Limited, Bombay and others V/s. M/s.Prasad Roadways Limited, Bombay and others V/s. M/s.Prasad Roadways Limited, Bombay and others V/s. M/s.Prasad Trading Company and others, reported in 1992(1) Trading Company and others, reported in 1992(1) Trading Company and others, reported in 1992(1) Bom.C.R.456. Bom.C.R.456. Bom.C.R.456. 2. We have heard the learned Counsel for the appellant at length. We find that in view of the admitted position that the erstwhile MSEB who was the sole defendant in the suit has its head office at Bombay and major business and policy decisions and other decisions were taken by it from its head office at Mumbai, no exception can be taken to the view taken by the learned Single Judge. The learned Single Judge has extensively quoted the observations of the Supreme Court - 3 - in the said judgment of M/s.Patel Roadways Limited (supra). We do not find any justifiable reason to take a view different from the view taken by the learned Single Judge. 3. Appeal is, therefore, dismissed. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)