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Madras High CourtA/3835/2025allowed

Ms Mehta Jewellery v. M S Hunnar Gold Partnership Firm

2025-08-06Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-08-2025

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY A. No. 3835 of 2025 M/s. Mehta Jewellery Registered Partnership Firm Represented by its Partner Mr. Abhay S Mehta, No. 5, Sriram Colony Abhiramapuram, Chennai 600 018.

..Applicant/Plaintiff Vs

1. M/s. Hunnar Gold, Partnership firm represented by one of its Partner Mr.Tejas lalit Soni, Ground Floor, and 2nd Floor, Plot No.59, BC Kandivali Co Op Industrial Estate, Charkop Road, Mumbai, Maharashtra 400 067.

2. Mr. Tejas Lalit Soni, Proprietor of M/s. Hunnar Creations, Having principal place of business at 1st Floor, D4 F, Malad Industrial Unit Ramchandra Lane Extension, Kachpada, Malad West, Mumbai, Maharashtra 400064.

3. Mr. Hemendra Hiralal Jain Partner at M/s. Hunnar Gold, Having principal place of business at Ground Floor & 2nd Floor, Plot No 59, BC Kandivali Co. Op. Industrial Estate, Charkop Road, Mumbai, Maharashtra 400067.

..Respondents/Defendants Prayer: Application is filed to grant leave to file the present suit against the Respondent/Defendant before this Hon'ble Court. For Applicant:

Ms.Jaya Bharathi for Mr.M.S. Bharath __________ https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J.

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ORDER

In a proposed suit for a direction to the defendants to return 24 carat gold bars to the plaintiff and for damages in relation to the retention of such gold bars, the intending plaintiff seeks leave to sue respondents before this Court.

2. In the draft plaint, it is stated that the cause of action for the suit arose at T.Nagar, Chennai, from where two consignments of gold bars were despatched to the defendants. It is further submitted that police complaints pertaining to the retention of the gold bars were lodged with the jurisdictional police authority in Chennai.

3. Upon examining the draft plaint and the affidavit in support of this application, it appears that at least a part of the cause of action arose within the jurisdiction of this Court. Therefore, this application is allowed by granting leave to the applicant to sue respondents before this Court. Consequently, the Registry is directed to number the suit, if otherwise in order. 06-08-2025 Kj A. No. 3835 of 2025 __________ https://www.mhc.tn.gov.in/judis