CROWN FROZEN FOODS Vs. SILVER FROZEN FOODS

JUDGEMENT

(1.) THE respondent filed a Suit No. 2631 of 2001 against the applicants in this Court after obtaining an ex parte leave under Clause XII of the Letters Patent on 22-6-2001. The petition for leave under Clause XII of the Letters Patent was not numbered by the office. I am informed that in July 2001, when the leave was granted the prevalent practice in this Court was to present the petition (under Clause XII of the Letters Patent) directly to the Chamber Judge, who after hearing the plaintiffs Counsel ex parte either granted or refused the leave. It was only from 27-2-2002, when the directions were issued by Honble Mr. Justice J. A. Patil that the practice of presenting the leave petition to the Chamber Judge directly was discontinued and the petitioner is now required to present the petition in the office which after numbering is placed before the Court. However, practice of granting leave ex parte and without notice to the defendants is still continued.

(2.) THE applicants (who are the defendants in the Suit No. 2631 of 2001 have therefore, moved this Court by this chamber summons for revocation of the leave granted ex parte to the respondent. The applicants have filed an affidavit in support of the chamber summons duly sworn in by Aslam Haji Sattar, the applicant No. 2 and the proprietor of applicant No. 1 Shri Amit Kumar Khan, Constituted Attorney of the respondent has filed the affidavit-in-reply sworn in on 18-2-2002.

(3.) IN the suit, the plaintiff (respondent) alleged that it advanced to the defendants certain sums at Mumbai; the defendants (applicants) were to supply goods (fish) against the value of which the advance was to be adjusted; accounts were maintained at Mumbai; part of cause of action arose at Mumbai; under the agreement dated 15-6-1998 (Exhibit-A to the plaint) the Courts at Mumbai alone had the jurisdiction to try the suit and hence leave under Clause XII of the Letters Patent be granted. Separate application for such leave was also made which was granted ex parte, by this Court (Coram: Nishita Mhatre, J.) on 16th July, 2001.