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2018 Supreme(Mad) 3209

M.SUNDAR
Upasana Finance Limited – Appellant
Versus
Hotel Saranya Private Limited – Respondent


Advocates:
Advocate Appeared:
R. Dasaratha Rao

JUDGMENT :

M. Sundar, J.

Mr. R. Dasaratha Rao, counsel on record for sole plaintiff is before this Commercial Division.

2. Jurisdiction of this Commercial Division was determined by proceedings dated 31.08.2018, which reads as follows:

'Ms. V. Usha Rani, learned counsel on record for sole plaintiff is before this Commercial Division.

2. There are six defendants in all in this suit. From the cause list, it comes to light that all the six defendants have been duly served and their names together with full/complete address as in the short and long cause titles have been shown in the cause list, but none appears.

3. It is pointed out by learned counsel for plaintiff that no written statement has been filed.

4. Under such circumstances, I heard learned counsel for plaintiff on jurisdiction of this Commercial Division qua this suit. Learned counsel submitted that plaintiff company is a 'Non-Banking Financial Company' ('NBFC' for brevity) and that this lis pertains to a hire purchase transaction with the defendants. The fact that the plaintiff is a NBFC has been set out in paragraph 3 of the plaint, which reads as follows:

'3. The plaintiff is a non-banking financial company engaged in the busin





















































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