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Madras High CourtA/854/2024allowed

Chandrakanth And Another v. M/S.Trade Director Europe Ltd And 3 Others

2024-02-14Honourable Mr Justice Abdul Quddhose3 pages

A.No.854 of 2024 ABDUL QUDDHOSE.J., This application has been filed seeking leave to sue the defendant Nos.1 to 3, who are having their offices outside the Jurisdiction of this Court. The suit has been filed for a permanent injunction to restrain the defendants from in any manner acting in furtherance to the letters of credit which are the subject matter of the suit.

2. According to the plaintiffs, the first defendant has created fraudulent trade documents for the purpose of complying with the credit terms as per the letters of credit and by creating fraudulent trade documents, they are attempting to receive payment under the letters of credit opened at the instance of the 2nd plaintiff. Since the defendant Nos.1 to 3 are having their offices outside the Jurisdiction of this Court, this application has been filed seeking leave to sue.

3. The goods imported by the plaintiffs from the first defendant is arriving at the Port of Chennai within the jurisdiction of this Court. Since a part of cause of action arose within the jurisdiction of this Court, this Court 1/3

is inclined to grant leave to sue as prayed for.

4. This Court is satisfied with the reasons stated in the affidavit filed in support of this application as sufficient cause has been shown for obtaining leave to sue. Accordingly, this application is allowed as prayed for.

5. Registry is directed to number the suit if it is otherwise in order and list the same before this Court on 15.02.2024. 14.02.2024 ab 2/3

ABDUL QUDDHOSE.J., ab A.No.854 of 2024 14.02.2024 3/3