Samskar Financial Services Private ... vs Shree Balaji Builders And Developers
2023 Latest Caselaw 11769 Bom

Bombay High Court

Samskar Financial Services Private ... vs Shree Balaji Builders And Developers on 28 November, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

 1                          53 ia 3068-21 in comss 121-21 with sj 59-22 in comss 121-21-os.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORDINARY ORIGINAL CIVIL JURISDICTION

                           INTERIM APPLICATION NO.3068 OF 2021
                                             IN
                         COMMERCIAL SUMMARY SUIT NO.121 OF 2021
                                           WITH
                          SUMMONS FOR JUDGMENT NO.59 OF 2022
                                             IN
                         COMMERCIAL SUMMARY SUIT NO.121 OF 2021

 Samskar Financial Services Private Limited                 ... Plaintiff/Applicant
       Vs.
 Shree Balaji Builders and Developers                       ... Defendant
                                       -------

 Ms.Faiza A. Dhanani i/by M/s CUE Legal, Advocate for the Plaintiff/Applicant.
 Ms.Jyoti Chavan with Ms.Siddhi Bhosale, Advocates for the Defendant.
                                   -------

                             CORAM :        ABHAY AHUJA, J.

                             DATE :         28 NOVEMBER, 2023.


 P.C. :

1. Ms.Faiza A. Dhanani, learned counsel for the Plaintiff tenders across the

Bar rejoinder. Registry to accept the rejoinder.

2. Ms.Jyoti Chavan, learned counsel for the Defendant takes a preliminary

objection as to the jurisdiction of this Court. Learned counsel points out that the

Plaintiff has its registered address in West Bengal in India whereas the

Defendant has its head office in Thane and therefore, the original jurisdiction of

this Court cannot be invoked. Learned counsel submits that therefore, the Court

Priya R. Soparkar 1 of 2

2 53 ia 3068-21 in comss 121-21 with sj 59-22 in comss 121-21-os.doc

at Thane would have jurisdiction to entertain, try and dispose the suit.

3. Learned counsel for the Plaintiff seeks time to take instructions. At her

request, to take instructions, list on 11th December, 2023, high on board.

                                                          (ABHAY AHUJA, J.)




     Priya R. Soparkar                                                                        2 of 2