R..Gopinath v. M/S.Arphi Electronics Pvt Ltd

R.PONGIAPPAN, J., The present application has been filed by one R.Gopinath, praying the relief, to grant leave to sue the respondent / defendant.

2. The petition mentioned suit has been filed by the plaintiff as against the defendants 1 and 2 for the relief of direction, directing the defendants to pay a sum of Rs.1,00,00,000/-, as damages for the defamation done by the defendants.

3. Heard the learned counsel appearing for the applicant / plaintiff.

4. It was the contention of the learned counsel appearing for the applicant / plaintiff that in respect to the business transaction, on 21.01.2014, the respondents / defendants herein has sent a notice to the plaintiff with defamatory allegations. In otherwise, the said notice has been received by the plaintiff in Chennai, whereby, the cause of action for the 1/4

said suit has been arised in Chennai and ultimately, this Court is having jurisdiction to try the present suit.

5. Now, on going through the averments found in the affidavit filed in support of the application, it is true, previously, the applicant and the respondent are having the business transaction in respect to the purchase of machineries. In the said occasion, on 21.01.2014, one Advocate, on behalf of the defendants has sent a notice to the plaintiff with defamatory allegations as the plaintiff is having dishonest intention to cheat his client. The said message has been received by the plaintiff at Chennai on 26.11.2014. Aggrieved over the same, the plaintiff has filed the present suit along with an application for granting leave to sue against the respondent / defendant.

6. Hence, being the reason that the part of cause of action has been arised in Chennai, this Court is having jurisdiction to try the alleged offence committed by the respondents / defendants. Therefore, the leave prayed for by the applicant is granted. This application is allowed accordingly.

2/4

7. Registry is directed to number the suit, if it is otherwise in order.

26.03.2021 sri 3/4

R.PONGIAPPAN, J.

sri 26.03.2021 4/4