Operating Lease and Hire Purchase Company vs M/s Winfab Equipments Pvt Ltd and 11 others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A.No.272 of 2021

in C.S.D.No.1292 of 2021

A.No.272 of 2021

in C.S.D.No.1292 of 2021

R.PONGIAPPAN, J.,

Heard both sides. Documents perused.

2. This application has been filed to grant leave to sue the

respondents / defendants 1, 2, 3 and 6 to 12 in the petition mentioned suit.

3. In respect to the same, the learned counsel appearing for the

applicant / plaintiff would contend that the entire cause of action in favour of

the applicant / petitioner and against the respondents / defendants has been

arised only in Chennai, further, the applicant carries on its business activities

only in Chennai. He would also submit that the Hire Purchase Agreement is

proceeded and the loan amount was also disbursed only in Chennai, which is

within the jurisdiction of this Court. Moreover, on perusal of records, it shows

that some of the defendants are residing within the jurisdiction of this Court.

Therefore, in view of the above, a substantial part of the cause of action has

been arised within the jurisdiction of this Court.

4. In the said circumstances, the leave prayed for by the applicant

is granted. This application is allowed accordingly.

5. Registry is directed to number the suit, if it is otherwise in

order.

03.02.2021

sri

1/2

https://www.mhc.tn.gov.in/judis/