Original Side Appeals challenging a refusal to interfere were dismissed. The Court held no interference was called for as the suit remained at the threshold without leave. Liberty was granted to defendants at the appropriate stage.
Liberty granted to appellants to raise defences including jurisdiction at the appropriate stage.
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: 19.09.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN
O.S.A.No.306 of 2011 and M.P.No.1 of 2011
1.Murugeson 2.M.Vasanthakumari .. Appellants vs 1.M/s.Absa Bank Limited, Singapore Branch, rep. By its Authorised Signatory No.9, Temasek Boulevard, No.40-01, Suntec Tower Two, Singapore-038989. Now located at Marble Towers, 12th Floor, Corner Jeppe and Von Wielligh Streets, Johannesburg, 2000 Souther Agrica. 2.M/s.Amman Trades, rep. By its Partner R.Alagendran, 338, Old No.165, Lotus Court, Second Floor, Thambu Chetty Street, Chennai-600 001. 3.M/s.Murugan Impex, rep. By its Partner R.Alagendran, 338, Old No.165, Lotus Court, Second Floor, Thambu Chetty Street, Chennai-600 001. 4.M/s.Alagendra Polymers Pvt. Ltd., Mr.R.Alagendran, 338, Old No.165, Lotus Court, Second Floor, Thambu Chetty Street, Chennai-600 001.
5.Mr.Alagendran, Partner, M/s.Amman Trades, M/s.Murugan Impex and Director, M/s.Alagendran Polymers Pvt. Ltd., New No.3, Sadasivam Street, Llyods Road, Gopalapuram, Chennai-600 086. 6.A.Amarjothi, Partner, M/s.Amman Trades, New No.3, Sadasivam Street, Llyods Road, Gopalapuram, Chennai-600 086. 7.M/s.Prime Energy Corporation Pte. Ltd., rep. By its Director Alagendran Rajkumar, No.15, Beach Road, #03-07, Beach Centre, Singapore-189677. 8.Alagendran Rajkumar, Director, M/s.Prime Energy Corporation Pte. Ltd., New No.3, Sadasivam Street, Llyods Road, Gopalapuram, Chennai-600 086. 9.M.Durairaj 10.R.Ponnusamy 11.R.Bhaskaran 12.R.Deivandran (Died) 13.R.Thanasekaran 14.R.Vetrivel .. Respondents
(R12 died recorded vide order dt. 19.9.2011)
Original Side Appeals filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the order dated 17.08.2011 in A.No.1389 of 2010 in C.S.D.No.31962 of 2005 on the file of this Court.
For Appellants .. Mr.T.V.Ramanujam Senior Counsel for M/s.T.V.Krishnamachari
For Respondents .. Mr.M.V.V.N.Sivanthy for M/s.Fox and Mandal for R1
Mr.R.Subramanian for R5, 6 & 8
Mr.Karthick Seshadri for
R11, R13 & R14
JUDGMENT
(Judgment of the Court was delivered by The Hon'ble Chief Justice)
On hearing the learned counsel for parties, we are of the view that since the suit is at the threshold, as even leave has not been granted and certain amendments have been made to the proposed plaint, no interference with the impugned order is called for and liberty can be granted to the appellants to take such defences as available in law at the appropriate stage, including the question of jurisdiction.
Sd/Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bbr To
The Sub Assistant Registrar, Original Side, High Court, Madras.
+1cc to Mr.T.V. Krishnamachari, Advocate, S.R.No.53030 +1cc to Mr.R. Subramaniam, Advocate, S.R.No.53562 PVS(CO) EU(27/09/2016) O.S.A.No.306 of 2011
1 issue framed by the court
Whether the Original Side Appeal attracted interference since the suit was at the threshold and leave had not been granted.
M.Vasanthakumari
M/s.Absa Bank Limited
M/s.Amman Trades
M/s.Murugan Impex
M/s.Alagendra Polymers Pvt. Ltd.
Mr.Alagendran
Sanjay Kishan Kaul
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
