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Madras High CourtA/6719/2024allowed

Axxelent Pharma Science Pvt Ltd, Represented By Its Manager, Commercial And Legal Mr.N.T.Shekar v. Alpha Tech Equipment,

2024-12-20Honourable Mr Justice Abdul Quddhose3 pages

Application No.6719 of 2024 in C.S.(Comm.Div.) DR No.165683 of 2024 ABDUL QUDDHOSE, J.

Axxelent Pharma Science Pvt. Ltd.

.. Applicant Vs.

M/s.Alpha Tech Equipment, Thane, Maharashtra-401202.

And others .. Respondents This application has been filed seeking leave to sue the respondents/defendants, since the respondents/defendants are having their office at Maharashtra, outside the jurisdiction of this Court.

2. The applicant/plaintiff claims that they have given advance amount to the defendants for supply of certain materials. Despite receipt of advance amount, the defendants have failed to deliver the said materials. The suit has been filed for recovery of advance amount together with interest and costs.

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3. The plaintiff claims that major part of cause of action arose within the jurisdiction of this Court, since the advance payments were made from the plaintiff's office at Chennai and the materials will have to be delivered only at Chennai.

4. Since major part of cause of action has arisen at Chennai, this Court is inclined to grant leave to sue as prayed for. Accordingly, leave to sue is granted as prayed for in this application. Registry is directed to number the suit if it is otherwise in order.

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ABDUL QUDDHOSE, J.

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