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2004 Supreme(Mad) 1744

M.THANIKACHALAM, K.GOVINDARAJAN
Integrated Finance Company Limited – Appellant
Versus
TMT (India) Limited. (Formerly known as Tungabadra Machinery and Tools Limited) – Respondent


Advocates Appeared:
For the Appellant:T.V. Ramanujam Senior Advocate, P.J. George, Advocate.
For the Respondent:K. Harishankar, Advocate.

Judgment :-

M. THANIKACHALAM, J.

1. The plaintiff, aggrieved by the order passed by the learned Judge in Application No. 2182/2000, filed under Clause 12 of the Letters Patent, refusing to grant leave to file the suit, has filed this appeal.

2. The appellant as plaintiff has filed the suit against the respondents/defendants, for recovery of a sum of Rs. 3,91,92,798.20, with interest at 36% per annum on Rs. 1,78,44,489/- from the date of the plaint till the date of realisation, on the basis of three hire purchase agreements, under which the plaintiff had advanced loan to the first defendant, which is controlled by the second defendant as the Managing Director. Even as per the averments in the plaint, major cause of action, such as negotiation, disbursement of loan, etc., appear to have taken place at Hyderabad, Andhra Pradesh, where admittedly the second defendant is residing, carrying on the business in the first defendant company. The plaintiff company is having its head office, within the jurisdiction of this Court. It has its branch office at Hyderabad, which had obtained the application, for loan from the defendants, processed, forwarded the same to the plaintiff, for acceptance,
























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