Allowed¶21

Shankar Karikar v. Idbi Bank Ltd.

Madras HC29 Apr 2025A/2224/2025

Case brief

AI extract

What is this about?

Leave to sue; part of cause of action within Madras High Court jurisdiction; commercial division suit for recovery of money; IDBI Bank Ltd; Ashok Nagar Chennai; intending plaintiff and fifth respondent approached Bank Manager of first defendant to verify loan details against property proposed to be purchased; material documents issued by Bank from Chennai; Registry to number suit if otherwise in order; vacation Court liberty; Shankar Karikar; M.V.Swaroop; Senthilkumar Ramamoorthy; 29.04.2025.

What did the court decide?

Leave granted to the applicant to sue the respondent before this Court; Registry directed to number the suit (C.S.(Comm.Div.) No.SR.69381 of 2025) if otherwise in order; liberty to move the vacation Court in case of urgency. ¶21

Shankar Karikar Vs Idbi Bank Ltd. — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether at least a part of the cause of action arose within the territorial jurisdiction of this Court, entitling the intending plaintiff to leave to sue the third to fifth respondents before this Court in the proposed money-recovery suit.

¶14

Court's answer

At least a part of the cause of action has arisen within the jurisdiction of this Court: the cause of action arose in Ashok Nagar, where the intending plaintiff and the fifth respondent approached the Bank Manager of the first defendant to verify the details of the loan against the property proposed to be purchased, and material documents were issued by the Bank from Chennai.

¶21

Ratio / Principle

Leave is granted to the applicant to sue the respondent before this Court; as a corollary the Registry is directed to number the suit if otherwise in order, and in case of urgency the applicant may move the vacation Court.

¶21

Detailed headnote1 paragraphs

Madras High Court (Commercial Division), Senthilkumar Ramamoorthy, J. - A.No.2224 of 2025 in C.S.(Comm.Div.) No.SR.69381 of 2025, order dated 29.04.2025. In a proposed suit for recovery of money against IDBI Bank Ltd and others, the intending plaintiff (Shankar Karikar) sought leave to sue the third to fifth respondents before this Court, stating that the cause of action arose in Ashok Nagar, Chennai, where the intending plaintiff and the fifth respondent approached the Bank Manager of the first defendant to verify the details of the loan against the property proposed to be purchased, and that material documents were issued by the Bank from Chennai. Held: upon examining the draft plaint and considering learned counsel's submissions, at least a part of the cause of action has arisen within the jurisdiction of this Court. Application allowed: leave granted to sue the respondent before this Court; Registry directed to number the suit if otherwise in order; applicant may move the vacation Court in case of urgency.

Shankar Karikar v. Idbi Bank Ltd.

Case brief

What is this about?

What did the court decide?

Shankar Karikar v. Idbi Bank Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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