Nawaz Shameer Khan v. Refex Green Mobility Limited And Another
A NO. 6533 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-02-2025
CORAM
THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 6533 of 2024 IN CS NO. 235 OF 2024 Nawaz Shameer Khan S/o Mr. Shameer Khan, Flat A2, Subiksha Courette, No.1, Tulsi Theatre Road, Marathahalli Village, Marathahalli, Bengaluru 560037 Applicant(s) Vs Refex Green Mobility Limited And Another Having its registered office at, 2nd Floor, No, 313, Refex Towers Sterling Road, Valluvar Kottam High Road, Nungambakkam, Chennai 600034 rep by its Authorized Signatory Mr. Sachin Navtosh Jha and another Respondent(s) For Applicant(s):
M/s. Ravi Law Chambers S.Indumathi Ravi A.Venkatesh Kumar R.S.Lakshmi Priya R.Sanjeev R.Shravan For Respondent(s): Mr.Arun C Mohan
ORDER
This application had been filed to revoke the leave granted to the plaintiff by order dated 25.09.2024 passed in A.No.4916 of 2024 in C.S.No.235 of 2024. 2.Heard Mr.Ravi, learned Senior counsel appearing for the applicant and Mr.Arun C
Mohan learned counsel appearing for the respondents
3. The learned Senior counsel appearing for the applicant at the out set would submit that the cause of action for initiation of the Suit had arisen within the limits of Bangalore and only the Courts at Bangalore have jurisdiction to deal with the Suit. He would submit that the employment agreement was sought by the plaintiffs to substantiate the jurisdiction, has ceased to exist in view of the termination notice. He would vehemently rely upon Section 19 of CPC to contend that this Court does not have jurisdiction to decide the issue. That apart, he would submit that there has been a conscious suppression of material facts and misrepresentation in the plaint and therefore, there is no cause of action that had arisen before this Court. Hence, he would seek to revoke the leave granted by this Court.
4. The learned counsel appearing for the respondents/plaintiffs would submit that the employment agreement entered between the parties upon which the applicant was appointed, clearly indicates that as regards the dispute that had arisen between the parties would have to be adjudicated only before the Courts and Tribunal at Chennai. The claim of the applicant that the employment agreement had ceased to exist is a fallacy. He would submit that the termination notice is only pursuant to the employment agreement and therefore, this Court has jurisdiction to deal with the
issue. He would further submit that at any rate, the same is subject matter of trial as the issue is not a pure question of law, but a mixed question of fact and law. Hence, he would seek to reject the application.
5. I have considered the rival submissions made by the learned counsel appearing on either side and perused the materials placed on record.
6. Admittedly, the applicant had been entered into a contract of employment under the employment agreement where the parties to the agreement surrendered themselves to the jurisdiction of the Court within Chennai. The claim of the applicant that the employment agreement cease to exist is a matter of trial. As rightly pointed out by the learned counsel appearing for the respondents/plaintiffs that this Court has jurisdiction to deal with the issue. In such view of the matter, I do not find any merits in the application and accordingly, the Application is dismissed.
7. List the matter for further hearing of the suit on 19.02.2025. 17-02-2025 To
1. Refex Green Mobility Limited And Another
Having its registered office at, 2nd Floor, No, 313, Refex Towers Sterling Road, Valluvar Kottam High Road, Nungambakkam, Chennai 600034 rep by its Authorized Signatory Mr. Sachin Navtosh Jha
2. Refex Fleet Services Pvt Ltd Having its registered office at, 19, 3rd Floor, Achaiah Chetty Arcade Achaiah Chetty Layout, Mekhri Circle RMV Extension, Sadashivanagar, Bengaluru 560080 rep by its Authorized Signatory Mr. Sachin Navtosh Jha
K.KUMARESH BABU,J.
pbn A.No.6533 of 2024 17.02.2025