Hema Padmanabhan And 2 Others v. G.Mahalingam And 2 Others

KRISHNAN RAMASAMY.J, This Application is filed to grant leave to the applicants/plaintiffs to sue the Respondent/Defendant 1,2 and 3 residing outside the jurisdiction of this Hon'ble Court under Order III Rule 1 of the Original Side Rule, 1956, read with Clause 12 of the Letters Patent. 2.According to the Applicants, in terms of clause 7(b) of the Loan Agreement, the Courts in Chennai have sole jurisdiction over the subject matter of the agreement and therefore, the Clauses of the Loan Agreement can be enforced before this Hon'ble Court. Further, the family dwelling house of the Applicants, which was used by the respondents as collateral for obtaining the loan from Religare is situated within the jurisdiction of this Hon'ble Court. Further, the Loan Agreement between the parties were entered into in Chennai and the Respondents handed over the cheques to the Applicants in Chennai for repayment of the loan they took and the Applicants encashed the 13 cheques issued by the Respondents in the 1st Applicant's bank situated in chennai. Therefore, 1 / 3

the applicants submit that substantial cause arose within the jurisdiction of this Court.

3.Since the substantial cause arose within the jurisdiction of this Hon'ble Court, this Court finds it appropriate to grant leave to the plaintiffs/applicants to sue the respondents/defendants 1, 2 and 3, who are residing outside the jurisdiction of this Hon'ble Court. 4.Accordingly, this Application is allowed.

5.Post the matter on 22.06.2022.

17.06.2022 Tsg 2 / 3

KRISHNAN RAMASAMY.J, Tsg 17.06.2022 3 / 3