The Court dismissed the appeal against the revocation of leave for institution of a suit. It directed the Single Judge to frame an issue on territorial jurisdiction and listed the suit for trial.
The suit set for trial; appeal dismissed; parties to bear own costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN
O.S.A.No.116 of 2012
1.Manish Gupta ... Appellant/1st applicant/3rd defendant 2.Anitha Gupta ... Appellant /2nd applicant/6th defendant
versus
1.M/s.Monotech System Limited rep. by its Managing Director Mr.T.P.Jain No.66, Third Floor, City Centre, Thirumalai Road T.Nagar, .. Respondent/Respondent/Plaintiff 2.M/s.Jai Badri Vishal Graphix No.104, Karamchari Awas Colony Mahal Gaon, Gwalior, Madhya Pradesh 474001.
3.Divesh Gupta 4.Sujeet Jain 5.Prabhat Jain ...Respondents/Respondents/Defendants 1,2,4 & 5
Appeal filed under Order 36 Rule 1 of Original Side Rules read with Clause 15 of the Letters Patent Act, against the Judgment and Decree dated 15.11.2011 passed in A.No.3256 of 2011 in C.S.No.715 of 2010.
For Appellant .. Mr.S.Balasubramaniam For Respondents.. Mr.Razhaq for M/s.Razhaq Associates. J U D G M E N T
(Judgement of the Court was delivered by The Hon'ble Chief Justice)
The appeal is directed against the impugned order dated 15.11.2011 seeking revocation of leave granted for institution of the suit. The leave is predicated on the averments in the
plaint that the Memorandam of Understanding was executed in Chennai and the payments were to be made at Chennai. The impugned order shows that the only plea is of territorial jurisdiction. The claim of the appellant is that the Memorandum of Understanding was not actually signed.
The appeal is dismissed on the aforesaid terms, leaving the parties to bear their own costs.
Sub Assistant Registrar To
The Sub Assistant Registrar, Original Side, High Court, Madras.
+1cc to M/S.Razhaq Associates, Advocate Sr.54734
ksj[co] srg 06/10/2016
1 issue framed by the court
Whether the learned Single Judge should refrain from exercising jurisdiction to frame an issue regarding the territorial jurisdiction of the suit.
Manish Gupta
Anitha Gupta
M/s. Monotech System Limited
M/s. Jai Badri Vishal Graphix
Sanjay Kishan Kaul
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
