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2008 Supreme(Mad) 3277

M.CHOCKALINGAM, M.VENUGOPAL
Parle Products Private Limited, having its registered office at Nirlon House – Appellant
Versus
Surya Food & Agro Limited. – Respondent


Advocates Appeared:
For the Petitioner:S.P. Chockalingam, Advocate.
For the Respondent:A.K. Rajaraman, A.A. Mohan, Advocates.

Judgment :-

M. Venugopal, J.

1. This Original Side Appeal is filed by the appellant/plaintiff challenging the order dated 9. 2007 passed by the learned single Judge in Application No.6025 of 2007 in Civil Suit No.798 of 2006, wherein, the learned single Judge revoked the leave already granted by the Court by order dated 110. 2006 in Application No.4056 of 2006 in Civil Suit No.798 of 2006 (C.S. Diary No.27805 of 2006).

2. The appellant/plaintiff filed Application No.4056 of 2006 in C.S.No.798 of 2006, praying to grant leave to sue the respondent/defendant and the same has been ordered on 110. 2006 by the learned single Judge of this Court.

3. Subsequently, the respondent/defendant filed Application No.6025 of 2007 in C.S.No.798 of 2006, praying for revocation of leave already granted on 110. 2006 in Application No.4056 of 2006 in C.S.No.798 of 2006.

4. The learned single Judge, by the impugned order dated 9. 2007, ordered Application No.6025 of 2007 to revoke the leave, as prayed for, inter-alia observing that, "if there is nothing to show that sales have taken place within the jurisdiction of this Court, then leave cannot be granted. There is no other circumstance, which justifie

































































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