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2004 (3) TMI 25 - BOMBAY HIGH COURTBy this chamber summons, the defendant prays that leave granted by this court under clause 12 of the Letters Patent, in favour of the plaintiff, to institute the above numbered suit be revoked and consequently, the plaint be returned to the plaintiff for presentation before the appropriate court - I have no hesitation in taking the view that the fact the plaint was "lodged/filed/presented" before the authorised officer of this court prior to obtaining leave under clause 12 of this court, will make no difference; whereas, it is only upon numbering of the suit, the suit can be said to have been "received" by this court-and as it is not disputed that before that event had happened, this court had already granted leave under clause 12. Accordingly, there is no substance in the argument canvassed on behalf of the defendant that the plaint be returned to the plaintiff - Chamber summons dismissed
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