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Madras High CourtA/190/2026allowed

Ms.Kavitha Balaji And 5 Others v. The Authorised Officer And 8 Others

2026-01-19Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL A.No. 190 of 2026 in C.S.DR.No.130250 of 2025

1. Ms.Kavitha Balaji No.392, 35th Street, TVS Avenue, Anna Nagar West Extension, Chennai 600 101.

2. Ms.Saritha Vivekanand Tower 13, Flat No.201, Sky City Apartments, Vanagaram, Ambattur Road, Aadayalampattu, Tiruvallur District.

3. Ms.Bavitha Prem Kumar No.9, Perumal Arangam Village, Ambattur Taluk, Tiruvallur District.

4. Mr.D.BalajiNo.392, 35th Street, TVS Avenue, Anna Nagar West Extension, Chennai 600 101.

5. Mr.N.Vivekanand Tiruvallur District.

6. Mr.Prem Kumar No.9, Perumal Arangam Village, Ambattur Taluk, Tiruvallur District.

..Applicant(s) Vs.

1. The Authorised Officer Assets Care and Reconstruction Enterprise Limited, 14th Floor, Eros Corporate Tower, Nehru Place, New Delhi 110 019 Also at Unit No.502, C-Wing, One BKC, Radius Developers, Plot NO.C-66, G-Block, Bandra Kurla Complex, Mumbai 400 051.

2. M/s.Dugar Homes Pvt LtdDugar Towers, 7th Floor, No.34 (123) Marshalls Road, Egmore, Chennai 600 008 also at S.F.No.39, Chinn Koladi, Thiruverkadu, Chennai 600 007.

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3. Dugar Housing LimitedDugar Towers, 7th Floor, No.34 (123) Marshalls Road, Egmore, Chennai 600 008.

4. M/s.Dugar Properties Pvt LtdDugar Towers, 7th Floor, No.34 (123), Marshalls Road, Egmore, Chennai 600 008.

5. Mr.Padam Dugar3A, Leel Mere Park, College Lane, Nungambakkam, Chennai 600 006

6. M/s.Sammaan Capital LtdFormerly M/s.india Bulls Housing Finance Ltd, Having its registered office at M-62 and 63, 1st Floor, Connaught Place, New Delhi 110 001. and also at Corporate Office, India Bulls House 448-451, Udyog Vihar, Phase v, Gurugram, Haryana 122 016.

7. M/s.India Bulls Asset Reconstruction Company LtdOne International Center, Tower 1, 4th Floor, S B Marg Elphinstone (W) Mumbai City, Mumbai 400 013.

8. Mrs.Sangeetha Shyam KumarC-09-04, Crimson Dawn, Nava India Road, Coimbatore 641 004.

9. Mr.Shyam KumarC 09-04, Crimson Dawn, Nava India Road, Coimbatore 641 004.

..Respondent(s) Prayer:To grant leave to sue the Respondents/ Defendants Nos.1, 6 to 9 in the above C.S.DR.No.130250 of 2025.

For Applicant(s):

M/s.S.Sethuraman

ORDER

This application has been filed seeking leave of this Court to sue the respondents / defendants Nos.1, 6 to 9 in the main Suit. __________Page 2 of 4

2.According to the applicants, they are the plaintiffs in the main Suit and they have filed the main Suit for declaration. Learned counsel for the applicants also states that the cause of action arose within the jurisdiction of this Court. However, the defendants 1, 6 to 9 are residing outside the jurisdiction. Therefore, the applicants have preferred the present application. 3.Heard learned counsel for the applicants / plaintiffs. Perused the materials placed on record.

4.Considering the reasons stated in the accompanying affidavit filed in support of this application, and also considering the fact that substantial part of cause of action arose within the jurisdiction of this Court, and the defendants 1, 6 to 9 reside outside the jurisdiction of this Court, this Court deems it appropriate to allow this application.

5.This application stands allowed accordingly. 6.Registry is directed to number the above C.S.DR.No.130250 of 2025, if the papers are otherwise in order.

19-01-2026 kas __________Page 3 of 4

P.DHANABAL, J.

kas A.No. 190 of 2026 in C.S.DR.No.130250 of 2025 19.01.2026 __________Page 4 of 4