M.JAICHANDREN, M.VENUGOPAL
M/s. @ Road Inc. , – Appellant
Versus
M/s. e-Logistics Private Ltd. , – Respondent
M. Venugopal, J.
1. The Appellant/Applicant/ 1st Defendant has projected the present Original Side Appeal as against the order, dated 07.03.2013, in Application No.1958 of 2011, in C.S.No.120 of 2011, passed by the Learned Single Judge, in rejecting the Application.
2. The Learned Single Judge, while passing the impugned order, in Application No.1958 of 2011, in C.S.No.120 of 2011 (filed by the Appellant/1st Defendant), on 07.03.2013, has, inter alia, observed that 'the cause of action, for filing of the suit viz., is the Agreement dated 08.09.2007, which relates to the business activity in India, hence, this Court has no hesitation to come to the conclusion that no leave is required to maintain the suit, more so when the address of the 1st Defendant is clearly mentioned in their own documents as situate at Taramani, Chennai only because the address shown in the agreement is the Head Quarters at United States of America, that by itself will not entitle the Applicant/1st Defendant to raise the plea that leave has to be taken and the said plea is factually incorrect and has no basis.'
3. According to the Learned Counsel for the Appellant/1st Defendant, the order of the Lea
Laxman Prasad V. Prodigy Electronics Limited and Another, (2008) 1 SCC 618
Wipro Limited V. Oushadha Chandrika Ayurvedic India (P) Limited, 2008 (3) CTC 724
Patel Roadways Limited, Bombay V. Prasad Trading Company, (1991) 4 SCC 270, at page 271
USV Limited, D Block, T.Nagar, Chennai & another V Systopic Laboratories Limited, 2004 (1) CTC 418
Chennimalai Yarns Pvt. Limited V. S.Chandrasekar and others, 2005 (5) CTC 411
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