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Madras High CourtA/1904/2022allowed

Mgm Logistics And Shipping Private Limited v. P And R Developers And Builders Llp And 4 Others

2022-04-28Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A.No.1904 of 2022 A.No.1904 of 2022 in C.S.No.D46856 of 2022 SENTHILKUMAR RAMAMOORTHY,J The applicant seeks leave to institute the suit against the fourth and fifth respondents herein, who reside outside the jurisdiction of this Court.

2. The applicant submits that the suit is filed for recovery of money from the respondents. It is further asserted that the suit is maintainable notwithstanding the existence of an arbitration clause in the Agreement for Co-operation in Realty Projects, which was executed at Chennai.

3. Upon examining the draft plaint and the documents produced by the applicant, it appears that at least a part of the cause of action has arisen within the jurisdiction of this Court. Therefore, the applicant is granted leave to institute the suit against the fourth and fifth respondents before this Court. The grant of leave shall not preclude the respondents from raising objections on the basis of the arbitration clause. The Registry is directed to number the suit if it is otherwise in order. 28.04.2022 rna https://www.mhc.tn.gov.in/judis 1/2

A.No.1904 of 2022 SENTHILKUMAR RAMAMOORTHY,J rna A.No.1904 of 2022 in C.S.No.D46856 of 2022 28.04.2022 https://www.mhc.tn.gov.in/judis 2/2