M/S Oasys Cybernetics Pvt Ltd v. Next Biometrics As

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-07-2025

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY A. No. 3558 of 2025 in C.S.(Comm.Div)SR.No.92541 of 2025 M/s Oasys Cybernetics Pvt Ltd Represented by its Director S.E.Valavan, Office at OAS Towers, No3, Srtingers Road, Vepery Chennai 600003.

..Applicant/Plaintiff Vs Next Biometrics AS, Represented by its Director, Apotekergata 10B, 0180, Oslo, Norway.

..Respondent/Defendant Prayer: Application is filed under Order XIV Rule 8 and Order III Rule (1) of the Original Side Rules Read With Clause 12 of the Letters Patent, 1862, to grant leave to sue the Defendant in Chennai before this Court. For Applicant:

Ms.Sakthi Pooja

ORDER

In a proposed suit for refund of amounts paid towards purchase of 22,000 units of biometric fingerprint devices and for remedies incidental or ancillary

thereto, the proposed plaintiff seeks leave to sue the respondent before this Court.

2. In the draft plaint, it is stated that purchase orders relating to the procurement of the above mentioned devices were issued at Chennai and that the defective goods were received at Chennai. Learned counsel for the proposed plaintiff also submits that the purchase orders contain a clause recognising that Courts in Chennai would have exclusive jurisdiction.

3. Upon considering the averments in the draft plaint and in the affidavit in support of this application, it is evident that at least part of the cause of action has arisen within the jurisdiction of this Court. Therefore, this application is allowed by granting leave to the applicant to sue the respondent before this Court. As a corollary, the Registry is directed to number the suit, if otherwise in order.

28-07-2025 KJ

SENTHILKUMAR RAMAMOORTHY, J.

KJ A No. 3558 of 2025 in C.S.(Comm.Div)SR.No.92541 of 2025 28-07-2025