: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.752 OF 2006 CHAMBER SUMMONS NO.752 OF 2006 CHAMBER SUMMONS NO.752 OF 2006 IN IN IN SUMMARY SUIT NO.816 OF 2006 SUMMARY SUIT NO.816 OF 2006 SUMMARY SUIT NO.816 OF 2006 M/s.Prince Pipes And Fittings Pvt. Ltd. .. Plaintiffs. Versus M/s.Bhawan Adhar & Ors. .. Defendants. Mr.Birendra Saraf with Ms.Neeta Solanki i/b.Kiran Jain & Co. for plaintiffs in support of notice of motion. Mr.Delhiwala i/b.M.C.Moholkar for defendants & applicant in chamber summons. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 14th November, 2008. DATE : 14th November, 2008. DATE : 14th November, 2008. P.C. :- P.C. :- P.C. :- 1. The plaintiffs have filed this suit against the defendants for recovery of amounts as set out in the plaint. By making averments in paragraph 15 of the : 2 : plaint, plaintiffs have contended that a part of the cause of action arose at Bombay and because the defendants were residing beyond the territorial limits of Greater Bombay, leave under Clause 12 of the Letters Patent is required. Accordingly, plaintiffs moved the court for seeking leave. That leave had been granted by the learned Judge on the application made by the plaintiffs. 2. By this chamber summons, defendants want that the leave granted in favour of the plaintiffs should be revoked. 3. I have heard learned Advocate for the defendants in support of the chamber summons and learned Advocate for the plaintiffs opposing the chamber summons. 4. Plaintiffs have come out with a case that orders were placed at Bombay. A part payment was made at Bombay and in the invoice itself, it is specifically mentioned that the dispute between the parties shall be subject to Bombay jurisdiction. According to plaintiffs, they received oral orders on telephone as against this defendants contend that representative of the plaintiffs visited the business place of the defendants and received : 3 : orders. Insofar as part payment is concerned, it is common ground that the plaintiffs bankers are HDFC Bank and the plaintiffs have an account in Bombay and that the defendants deposited certain amounts in the branch of HDFC Bank at Agra with instructions that the said deposit is to be credited to the account of the plaintiffs at Bombay. The said monies were deposited in the HDFC Bank at Agra being the place of the business of the defendants and the defendants have filled in paying slips showing the name of the payee as plaintiffs and the account number of the plaintiffs at HDFC Bank Branch Bombay was filled in. This will go to show that HDFC Branch at Agra was directed to credit the amount to the account of the plaintiffs at HDFC Bank at Bombay. The plaintiffs plead that this overact on the part of the defendants constitute payment in Bombay whereas defendants contend that this overact on the part of the defendants does not amount to payment in Bombay. The next point is a clause regarding subject that the litigation between the plaintiffs and defendants shall be subject to Bombay jurisdiction. 5. Insofar as aforesaid points are concerned, it is well settled principle that the averments in the plaint will have to be considered for the purposes of deciding : 4 : jurisdiction of the court at least at the stage of consideration of application for grant of leave under Clause 12 of the Letters Patent. The reason for incorporating the provisions of Clause 12 of the Letters Patent regarding grant of leave under Letters Patent is to see that a party which normally carries on business beyond the territorial limits of a court, a party should not be dragged as per the sweet will of the plaintiffs. He can be a party if a part of the cause of action arose within the territorial limits of the court where the suit is required to be filed. If this be so, the words of the plaintiffs appearing in the plaint will have to be given appropriate weightage. If before this court, there is a word against word as regards the manner in which the orders were placed to the plaintiffs, in my view, at this stage of the proceedings, the stand of the plaintiffs will have to be accepted and to that extent, I am inclined to observe that the plaintiffs’ case that orders were issued on telephone will have to be accepted and if that is so, prima-facie, it will have to be observed that the orders are placed at Bombay. 6. Insofar as question of payment of part consideration at Bombay, merely because the amounts were : 5 : deposited in the HDFC Agra branch by the defendants will not mean that the monies were paid to the plaintiffs at Agra since the slips were prepared by the defendants, filled in the name of the plaintiffs as well as the account number of the plaintiffs payable at HDFC Bank, Bombay. It will have to be treated that the payment was made to the plaintiffs at Bombay. It is out of convenience, the defendants deposited the monies at HDFC Agra branch rather than running down to Bombay to make the payment or deposit the sum in the account at HDFC Bank, Bombay. 7. If these two points are being held in favour of the plaintiffs, I am not inclined to go into the question as regards the limiting the jurisdiction to Bombay court only. 8. If at the stage of framing of issues if in the written statement, it is pleaded by the defendants that this court has no jurisdiction, surely, the issue will be framed and the parties will be given opportunity to lead evidence on the basis of the record produced before the court. I see no reason to revoke the leave granted, as in my view, the leave has been granted by accepting the stand : 6 : of the plaintiffs as it appears today at the stage of institution of the suit. With this, prayer for revocation of leave cannot be granted and as such, I pass the following order :- O R D E R O R D E R O R D E R i) Chamber summons is dismissed. ii) In the facts and circumstances of the case, there shall be no order as to costs. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)