Rohit Murthy v. D.Dhinakaran, Green Avenue Homes And Gardens

A.No.9605 of 2019 in C.S.Sr. No.86450 of 2019 SENTHILKUMAR RAMAMOORTHY, J.

This application is filed for leave to institute the suit against the defendants 1,2 and 12 before this Court.

2. I heard the learned counsel for the applicant. The learned counsel for the applicant submits that the suit is filed for the recovery of money from the defendants. He further submits that the money that is sought to be recovered was paid to the defendants 1 and 2, who acted as agents for the defendants 4 to 12 and that such payments were made at Chennai within the jurisdiction of this Court. In view of the fact that the said defendants carry on business or reside outside the jurisdiction of this Court, this application is filed.

3. I considered the submissions of the learned counsel and examined the affidavit in support of this application. Upon consideration of the above and the plaint, it appears that the cause of action to file the suit arose at Chennai because the payments were made at Chennai and it is the said sum which is sought to be recovered in this suit. In addition, it is stated that the defendants 1 1/3

and 2 acted as agents of the defendants 4 to 12, all of whom reside at Chennai except the twelfth defendant. For the above reasons, this application is liable to be allowed.

4. Accordingly, this application is allowed by granting leave to the applicant to institute the suit before this Court against the defendants 1, 2 and 12.

11.12.2019 bga 2/3

SENTHILKUMAR RAMAMOORTHY, J.

bga A.No.9605 of 2019 in C.S.Sr. No.86450 of 2019 11.12.2019 3/3