M/S.Tractors And Farm Equipment Limited v. U.Rudhubaran

A.No.3347 of 2022 in C.S.DR.No.62548 of 2022 KRISHNAN RAMASAMY, J., This application has been filed to grant leave to sue against the sole respondent/defendant, who is residing within the jurisdiction of this Court.

2.According to the learned counsel for the applicant, the cause of action arose when the respondent herein joined the services of the applicant Company at Chennai on 15.10.2021 and when the respondent, out of his free will, signed the Letter of Undertaking dated 18.10.2021 and when he tendered his resignation through E.Mail dated 24.03.2022 at Chennai. The applicant Company also accepted his resignation in good faith based on the representation made by the respondent vide letter dated 25.04.2022 and consequently, the respondent was relieved from services of the applicant Company on 29.04.2021. However, the respondent 1/4

joined the employment of the applicant company's competitor before expiry of one year from the date of his being relieved from the service of the applicant Company and thereby committed a breach of the obligation under the Letter of Undertaking dated 18.10.2021. Since a part of cause of action arose within the territorial jurisdiction of this Court as the respondent/defendant joined and resigned from the applicant's company which is situated within the jurisdiction of this Court, the learned counsel for the applicant/plaintiff seeks leave of this Court to sue the respondent/defendant.

3. Considering the submission made by the learned counsel for the applicant and since a part of cause of action for the present suit has arisen within the jurisdiction of this Court as the respondent joined and resigned the services of the applicant Company, which has its Office within the territorial jurisdiction of this Court, this Court is of the view that it is a fit case to grant leave to institute the suit against the sole respondent/defendant.

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4.Accordingly, leave is granted. This petition is allowed. 16.08.2022 dn 3/4

KRISHNAN RAMASAMY, J., dn A.No.3347 of 2022 16.08.2022 4/4