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Madras High CourtA/7917/2019granted

Abt Limited And Another v. Asset Reconstruction Company (India) Limited And Another

2019-10-22Honourable Mr Justice N. Sathish Kumar3 pages

N.SATHISH KUMAR, J.

Seeking leave to sue the defendants, the applicants/plaintiffs have come up with this application.

2. The suit has been filed to return the original title deeds along with the other documents.

3. It is alleged by the learned counsel for the plaintiffs that the entire cause of action had arisen within the jurisdiction of this Court. The memorandum of deposit of title deeds were entered into between the first plaintiff and the second defendant on 30.03.2012 for the loan agreement dated 30.03.2012 and the mortgaged property is situated within the jurisdiction of this Court. This Court approved the scheme of Demerger of the first plaintiff and formation of the second plaintiff vide order dated 18.04.2016 and the entire loan was paid within the jurisdiction of this Court. This application has been filed since, the respondents/defendants are residing outside the jurisdiction of this Court. Page No.1/3

4. Having regard to the avements made in the affidavit filed along with the application, this Court is inclined to grant leave to sue the respondents/defendants. Accordingly, leave is granted. 22.10.2019 ms Page No.2/3

N. SATHISH KUMAR, J.

ms 22.10.2019 Page No.3/3