LALITPRABHA BHATT Vs. GOSWAMI KALYANRAIJI MAHARAJ

JUDGEMENT

(1.) This is the Chamber Summons by Defendants Nos. 1, 2, 4 and 5 for revocation of the leave under Clause XII of the Letters Patent granted on 10th Jan. 2014 to the Plaintiffs.

(2.) The Suit seeks distribution of some jewellery deposited in Locker No. 412 bearing registration No. 697. The Plaintiffs seek a declaration that this jewellery is the property of one Smt. Goswami Chandraprabha Bajuji Maharaj, deceased, and that the locker was held with Defendants Nos. 9 and 10. The second prayer is for a declaration that the 1st Defendant, in connivance with one Goswami Devkinandanji Maharaj (Devendra Sharma), also since deceased, defrauded the Plaintiffs.

(3.) Ms. Iyer for the Applicants submits that leave was wrongly granted. She says that there is no immovable property involved and the suit is only in respect of movables in a bank locker in Mumbai. Every single one of the Defendants lives outside Mumbai. According to her, no part of cause of action has arisen in Mumbai. The mere location of certain movables (the jewellery) in Mumbai does not, she submits, create any cause of action sufficient to warrant grant of leave under Clause XII of the Letters Patent.