Bharat Petroleum Corporation Ltd. And Another v. K.T.Rajakumaravel

A.No.3051 of 2021 in C.S No.51 of 2020 DR.G.JAYACHANDRAN, J.

Learned counsel for the defendant has filed this application to frame an additional issue regarding the territorial jurisdiction of this Court to entertain the suit. 2.No doubt, while determining the jurisdiction of a commercial division, this Court has passed a detail order on 15.02.2021, determining that the dispute is a commercial dispute and the suit is maintainable before the Commercial Division of the High Court and this order has reached finality.

3.However, the issue regarding the territorial jurisdiction been raised in the written statement and form part of the pleadings, this Court is of the opinion that the issue regarding the territorial jurisdiction may also be framed as an additional issue. Accordingly, Application No.3051 of 2021 is allowed.

4.The following additional issue is framed:

Whether this Court has territorial jurisdiction, since because the plaintiff and the first defendant is carrying on business within the jurisdiction of this Court and leave to sue granted by this Court on 28.11.2020 and not challenged by the defendants? 08.09.2021 https://www.mhc.tn.gov.in/judis/ vri 1/2

DR.G.JAYACHANDRAN,J.

VRI A.No.3051 of 2021 in C.S No.51 of 2020 08.09.2021 https://www.mhc.tn.gov.in/judis/