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Madras High CourtA/2791/2022allowed

Lnv Technology Pvt. Limited v. M/S.Hajee A.P.Bava Infra Private Limited

2022-07-18Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

A.No.2791 of 2022 in C.S.(Comm. Div.) DR.No.86247 of 2021 SENTHILKUMAR RAMAMOORTHY, J In a proposed suit for recovery of money under a Civil and structural steel construction contract, this application is presented for leave to sue the respondent before this Court.

2. The applicant asserts that the Civil and Structural Steel Construction Contract was entered into at Chennai on 15.11.2019. It is also stated that various material events such as the call on the bank guarantee, the execution schedules and other correspondence emanated from Chennai.

3. Upon considering the above submissions and on examining the draft plaint, it is clear that at least a part of the cause of action has arisen within the jurisdiction of this Court. Consequently, A.No.2791 of 2022 is allowed by granting leave to institute the suit against the respondent before this Court.

4. As a corollary, the Registry is directed to number the suit if otherwise in order.

18.07.2022 Page No.1 of 2

SETHILKUMAR RAMAMOORTHY, J A.No.2791 of 2022 in C.S.(Comm. Div.) DR.No.86247 of 2021 18.07.2022 Page No.2 of 2

Page No.3 of 2

The applicant seeks leave to sue the defendants before this Court.

2. It is stated that the facility agreement was executed at Chennai and that the monies were advanced from Chennai. In addition, it is stated that both the facility agreement and deed of personal guarantee contain a clause conferring exclusive jurisdiction on courts at Chennai.

3. Upon considering the said submissions, the applicant is granted leave to sue the respondents/defendants before this Court.

4. Registry is directed to number the suit if it is otherwise in order. 07.02.2022 SETHILKUMAR RAMAMOORTHY, J Page No.4 of 2

A.No.381 of 2022 in C.S.(Comm. Div.) D.No.1780 of 2022 07.02.2022 Page No.5 of 2