Disposed
Bharat Petroleum Corporation Ltd. and another v. K.T.Rajakumaravel
Madras HCA/3051/2021
Case brief
from the order text
What is this about?
in C.S No.51 of 2020 DR.G.JAYACHANDRAN, J.…
What the court decided
AI extract
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A.No.3051 of 2021 in C.S No.51 of 2020
DR.G.JAYACHANDRAN, J.
Learned counsel for the defendant has filed this application to frame an
additional issue regarding the territorial jurisdiction of this Court to entertain the suit.
2.No doubt, while determining the jurisdiction of a commercial division, this Court
has passed a detail order on 15.02.2021, determining that the dispute is a commercial dispute and the suit is maintainable before the Commercial Division of the High Court and this order has reached finality.
3.However, the issue regarding the territorial jurisdiction been raised in the written statement and form part of the pleadings, this Court is of the opinion that the issue regarding
the territorial jurisdiction may also be framed as an additional issue. Accordingly, Application No.3051 of 2021 is allowed.
4.The following additional issue is framed:
Whether this Court has territorial jurisdiction, since because the plaintiff and the first defendant is carrying on business within the jurisdiction of this Court and leave to sue granted by this Court on 28.11.2020 and not challenged by the defendants?
08.09.2021
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DR.G.JAYACHANDRAN,J.
VRI
A.No.3051 of 2021
in C.S No.51 of 2020
08.09.2021
1 issue framed by the court
Whether the decree court frames an additional issue regarding territorial jurisdiction upon application by the defendant.
DR.G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court