Gympac Fintness Systems Pvt Limited v. Talwalkars Better Valu Fitness Limited

Application No.6351 of 2019 in CS.SR.No.111787 of 2019 KRISHNAN RAMASAMY , J.

This application has been filed to grant leave to sue the respondents/defendants in the above suit.

2.It is the contention of the learned counsel appearing for the applicant that the cause of action has arisen within the jurisdiction of this Court since the payment of Rs.10 crores credited to the applicant/plaintiff herein was to the applicant/plaintiff's bank account held with Standard Chartered Bank, Haddows Road Branch, Nungambakkam Branch, Chennai. Further he submits that as per the request of the first defendant he transferred a sum of Rs.10 crores to the sister concern of the first defendant which is also situated at Chennai. When such being the case, the plaintiff contended that they are not at all liable for any amount. Since as per the request of the first defendant, he transferred the entire money to the first defendant's sister concern, the question of payment does not arise in as much as he is not responsible for the said payment of Rs.10 crores and only as per the request of the first defendant, he had transferred the amount and the plaintiff being termed as a defaulter is illegal. http://www.judis.nic.in

KRISHNAN RAMASAMY , J.

4.In this circumstances, this Court is of the view that it is appropriate to grant leave to sue respondents 1 and 2. 5.Accordingly, the present application is allowed as prayed for. 29.08.2019 AT Note: Issue order copy today Application No.6351 of 2019 in CS.SR.No.111787 of 2019 http://www.judis.nic.in