1 sj470-10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.470 OF 2010 IN SUMMARY SUIT NO.2451 OF 2006 Neha Powerlines Pvt Ltd .. Plaintiff versus Jyoti Ltd .. Defendant Mr.Sandeep Pareekh a/w Mr.S.J.Lakhani for the plaintiff. Mr.D.H.Mehta a/w Mr.Piyush Shah for the defendant. CORAM : S.C.DHARMADHIKARI, J. 28th September 2011. P.C.: . Heard learned advocates appearing for the parties. Having perused the plaint and the annexures thereto together with the compilation of documents which has been tendered to support the case of jurisdiction as raised in the accompanying notice of motion, I am of the view that triable issue with regard to this Court’s jurisdiction squarely arises for determination in the suit. At this stage, it is not possible to conclude it only on the basis of averments in the plaint and particularly when the plaint and the annexures make reference to the purchase 2 sj470-10.doc orders. Whether this Court has jurisdiction as contended by the plaintiff in the plaint or that if the reference is to the purchase order and that makes the jurisdiction of the Court at Baroda exclusive, then, that itself is a triable issue. The defendant is, therefore, entitled for conditional leave to defend. The suit be transferred to the list of Commercial Cause Suits. Written statement be filed within twelve weeks from today. Summons for judgment is disposed of in these terms. (S.C.DHARMADHIKARI, J)