Real Nutra Private Limited And Another v. Shahnaz Hospitality Services Private Limited And 4 Others

in C.S(Comm. Div.)D.No.89822 of 2022 M.SUNDAR, J., Mr.K.S.Elangovan, learned counsel on record for applicants/plaintiffs is before this Commercial Division.

2. When the matter was taken up, it came to light that in the support affidavit qua captioned 'Leave to Sue' [hereinafter 'LTS' for the sake of brevity, convenience and clarity] application, there is no averment regarding what part of cause of action has arisen within the territorial jurisdiction of this Commercial Division according to applicant/plaintiff.

3. Faced with the above situation, learned counsel on record for applicant/plaintiff submits that necessary averments are contained in the plaint. However, it is necessary that support affidavit in LTS application contains these averments as such facts / details are pivotal for this Commercial Division to consider LTS prayer.

Page Nos.1/4

4. In the light of the narrative thus far, learned counsel sought leave of this Commercial Division to withdraw the captioned application but made a plea to preserve all the rights of the applicant / plaintiff to come up with a fresh LTS application with same / similar prayer on the same cause of action.

5. Learned counsel on record for applicant/plaintiff has made an endorsement in the case file and a scanned reproduction of the same is as follows:

6. Aforementioned endorsement is reiterated in the hearing. Page Nos.2/4

7. In the light of the narrative thus far, captioned application is disposed of as withdrawn / closed albeit preserving all the rights and contentions of the applicant / plaintiff to come up with fresh LTS application with same / similar application on the same cause of action. There shall be no order as to costs.

29.09.2022 mk M.SUNDAR, J., mk Page Nos.3/4

in C.S(Comm. Div.)D.No.89822 of 2022 29.09.2022 Page Nos.4/4