← Library
Madras High CourtA/3521/2022allowed

M/S.Sri Mahaveer Finance And Builders (P) Ltd., v. C.Muthuraman

2022-08-25Honourable Mr Justice Krishnan Ramasamy2 pages

A.No.3521 of 2022 A.No.3521 of 2022 in C.S.(DR).No.82281 of 2022 KRISHNAN RAMASAMY, J., This application has been filed seeking to grant leave to sue the plaintiff to file a suit in this Court.

2. This application has been filed for recovery of money. Both the applicant/plaintiff as well as the respondent/defendant are residing within the jurisdiction of this Court. The applicant lent the money at Chennai by executing mortgage deed and registering it at Sub-Registrar Office, Avadi as security. However, the immovable properties are situated at outside the jurisdiction of this Court. Hence, this present application has been filed.

3. There is one relief in addition to the recovery of money for sale of schedule mentioned property, in the event of any default on the part of the defendant to make the payment as per the decree, even if the immovable properties are situated at outside the jurisdiction of this Court.

https://www.mhc.tn.gov.in/judis 1/2

A.No.3521 of 2022 KRISHNAN RAMASAMY, J., gbi

4. Considering the submission made by the learned counsel appearing for the applicant/plaintiff and in view of the fact that the applicant as well as the respondent resides within the jurisdiction of this Court and the money also lend at Chennai and since the immovable properties are situated outside the jurisdiction, this Court is of the considered view that it is appropriate to grant leave to to sue the plaintiff to file the suit in this Court.

5. Accordingly, this application stands allowed as prayed for. 25.08.2022 gbi A.No.3521 of 2022 in C.S.(DR).No.82281 of 2022 https://www.mhc.tn.gov.in/judis 2/2