LAWS(BOM)-2007-12-40

QUADRICON PVT LTD Vs. BAJRANG ALLOYS LTD

Decided On December 12, 2007
QUADRICON PVT. LTD Appellant
V/S
SHRI BAJRANG ALLOYS LTD Respondents

JUDGEMENT

(1.) This is the plaintiffs application for leave under clause 12 of the Letters Patent.

(2.) The questions that arise in this case fall into two categories. The first is whether leave under clause 12 of the Letters Patent can be granted after the plaint is not only presented under Rule 1 of Order IV but is also admitted and entered in the register under Rule 2 of that Order of the Code of Civil Procedure, 1908. The second is whether the plaintiff is entitled to leave under clause 12 even assuming the first question is answered in the affirmative. I have answered the first question in the negative and the second in the affirmative.

(3.) (A) It is admitted that the plaint was presented on 29-9-2004 that it was admitted on 10-12-2004 without leave having been sought or obtained.