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Madras High CourtA/274/2022allowed

M/S.United Overseas Finance Limited v. M/S.Juku Realty Services (P) Ltd And Another

2022-02-18Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A.No.274 of 2022 SENTHILKUMAR RAMAMOORTHY, J This application is filed seeking leave to institute the suit against the respondents/defendants and the suit property before this Court.

2. The applicant states that the suit is for recovery of a sum of Rs.2,75,00,000/- from the defendants herein. As a mortgagee, in the event of default, the applicant/plaintiff seeks to enforce the mortgage by bringing the property for sale. The applicant states that the loan was taken and promissory notes were executed at Chennai, i.e. within the jurisdiction of this Court. Therefore, it is stated that the entire cause of action arose within the jurisdiction of this Court.

3. Upon examining the draft plaint and the averments in support of this application, it appears that the cause of action has arisen within the jurisdiction of this Court and this is prima facie not a suit for land. Therefore, A.No.274 of 2022 is allowed by granting leave to the applicant _____________ Page No.1 of 2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY, J kal to institute the suit against the respondents/defendants and the suit property before this Court. Consequently, the Registry is directed to number the suit, if it is otherwise in order.

18.02.2022 kal A.No.274 of 2022 _____________ Page No.2 of 2 https://www.mhc.tn.gov.in/judis