1 chs1400-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1400 OF 2009 IN SUIT NO.2386 OF 2009 ALONGWITH CHAMBER SUMMONS NO.1500 OF 2009 IN SUIT NO.2386 OF 2009 Bharat J. Thakkar .. Plaintiff versus Deepak Thakkar & Ors .. Defendants Mr.Mohit Arora a/w Mr.Ramesh Sawant i/by Desai & Diwanji for the plaintiff. Ms.Snehal Shah i/by Narayanan & Narayanan for defendant No.1. CORAM : S.C.DHARMADHIKARI, J. 29th November 2011. P.C.: . At the hearing of this chamber summons seeking revocation of leave under Clause 12 of the Letters Patent, which has been obtained by the plaintiff, in all fairness the plaintiff's advocate states that the suit could not have been instituted in this Court and for want of jurisdiction, it cannot be entertained by this Court. He, therefore, fairly submits that the plaintiff may be allowed to proceed with the matter in competent Court. 2 chs1400-09.doc 2} The request is made for return of plaint for representation of the same to appropriate Court at this stage. To the course suggested by the plaintiff's advocate the contesting defendants can have no quarrel inasmuch as it is for this Court to consider the request and grant it with appropriate clarification. Accordingly, it is directed that the plaint be returned to the plaintiff's advocate for presentation to proper Court and needless to state that it would be open for the plaintiff to point out to the appropriate/competent Court, where the plaint is presented pursuant to this liberty, that benefit of section 14(1) of the Limitation Act, 1963 be granted and all contentions in relation thereto are kept open. In the light of the order that is passed, both chamber summons are disposed off. The Registry to act upon an authenticated copy of this order. 3} The interim order passed by this Court on 13th August 2009 and continued on 21st November 2011 shall continue for a period of four weeks from today, but without prejudice to the rights and contentions of all parties. (S.C.DHARMADHIKARI, J)