w w w . L a w y e r S e r v i c e s . i n



Sai Electromech Industries, A Sole Proprietary Concern rep.by Its Proprietor Umangkumar Joshi v/s Sicagen India Limited, Rep.by its Authorised Signatory S. Mahadevan


Company & Directors' Information:- SICAGEN INDIA LIMITED [Active] CIN = L74900TN2004PLC053467

Company & Directors' Information:- T T G INDUSTRIES LIMITED [Active] CIN = U27209TN1987PLC014169

Company & Directors' Information:- V I P INDUSTRIES LIMITED [Active] CIN = L25200MH1968PLC013914

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U14100DL1996PLC129067

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U19111DL1996PLC129067

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U74110DL1996PLC129067

Company & Directors' Information:- S R K INDUSTRIES LIMITED [Active] CIN = L17121MH1991PLC257750

Company & Directors' Information:- S R INDUSTRIES LTD [Active] CIN = L29246PB1989PLC009531

Company & Directors' Information:- F E INDUSTRIES PRIVATE LIMITED [Active] CIN = U36100PB2003PTC026482

Company & Directors' Information:- N K INDUSTRIES LIMITED [Active] CIN = L91110GJ1987PLC009905

Company & Directors' Information:- B L A INDUSTRIES PRIVATE LIMITED. [Active] CIN = U10200MH1964PTC162314

Company & Directors' Information:- R B T INDUSTRIES LIMITED [Active] CIN = U24118UP1990PLC011820

Company & Directors' Information:- H G I INDUSTRIES LIMITED [Active] CIN = L40200WB1944PLC011754

Company & Directors' Information:- R P INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100GJ2011PTC075812

Company & Directors' Information:- D D INDUSTRIES LIMITED [Active] CIN = U74899DL1974PLC007169

Company & Directors' Information:- A G INDUSTRIES PVT LTD [Active] CIN = U27300HR1991PTC031378

Company & Directors' Information:- H. J. INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060769

Company & Directors' Information:- U F M INDUSTRIES LIMITED [Active] CIN = L15311AS1986PLC002539

Company & Directors' Information:- V S P INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011820

Company & Directors' Information:- G I INDUSTRIES PRIVATE LIMITED [Active] CIN = U15312PB2010PTC033806

Company & Directors' Information:- E T C INDUSTRIES LIMITED [Active] CIN = U31200MP1995PLC009281

Company & Directors' Information:- SAI INDUSTRIES LIMITED [Active] CIN = L74999DL1991PLC045678

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U74899DL1991PTC045572

Company & Directors' Information:- S R V E INDUSTRIES LIMITED [Active] CIN = U03210TZ2006PLC012577

Company & Directors' Information:- S. L. ELECTROMECH PRIVATE LIMITED [Active] CIN = U40300DL1989PTC036620

Company & Directors' Information:- Z H INDUSTRIES PRIVATE LIMITED [Active] CIN = U45200DL2014PTC265453

Company & Directors' Information:- P AND P INDUSTRIES LIMITED [Strike Off] CIN = U21010MH1992PLC068885

Company & Directors' Information:- N G INDUSTRIES LTD [Active] CIN = L74140WB1994PLC065937

Company & Directors' Information:- S L INDUSTRIES P. LTD. [Active] CIN = U15331WB1989PTC047543

Company & Directors' Information:- B R INDUSTRIES LIMITED [Active] CIN = U74899DL1995PLC067120

Company & Directors' Information:- H. V. R. INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100DL2010PTC200428

Company & Directors' Information:- N M INDUSTRIES PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175664

Company & Directors' Information:- N R C INDUSTRIES LIMITED [Active] CIN = U51909PB1985PLC006558

Company & Directors' Information:- S N L INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U17115RJ1994PTC008053

Company & Directors' Information:- J V INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057081

Company & Directors' Information:- A R INDUSTRIES PVT LTD [Active] CIN = U27101HR1995PTC032569

Company & Directors' Information:- D V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049221

Company & Directors' Information:- G V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1980PTC006887

Company & Directors' Information:- C D INDUSTRIES LIMITED [Active] CIN = U27100MH1996PLC101277

Company & Directors' Information:- G V INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U74900TG2014PTC096387

Company & Directors' Information:- G S M INDUSTRIES PRIVATE LIMITED [Active] CIN = U02001DL2002PTC117443

Company & Directors' Information:- B G INDUSTRIES LTD [Active] CIN = U26921ML1980PLC001830

Company & Directors' Information:- P K INDUSTRIES PRIVATE LIMITED [Active] CIN = U51900DL2012PTC241654

Company & Directors' Information:- M D INDUSTRIES PRIVATE LIMITED [Active] CIN = U91110GJ1994PTC022025

Company & Directors' Information:- L C INDUSTRIES PRIVATE LIMITED [Active] CIN = U15122UP2013PTC055697

Company & Directors' Information:- R M G INDUSTRIES PRIVATE LIMITED [Active] CIN = U18100TG1993PTC016220

Company & Directors' Information:- R. S. D. INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909DL2008PTC177504

Company & Directors' Information:- G. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15435MH2005PTC151817

Company & Directors' Information:- I W D W INDUSTRIES LTD. [Strike Off] CIN = U30099WB1990PLC050177

Company & Directors' Information:- P A S INDUSTRIES INDIA PRIVATE LIMITED [Active in Progress] CIN = U17121TZ2005PTC012171

Company & Directors' Information:- V AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039251

Company & Directors' Information:- M K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U19111UP1989PTC010468

Company & Directors' Information:- S S F INDUSTRIES LIMITED [Active] CIN = U25190BR1988PLC003160

Company & Directors' Information:- P B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29120MP1994PTC008840

Company & Directors' Information:- R & M INDUSTRIES PRIVATE LIMITED [Active] CIN = U24297TN1972PTC006185

Company & Directors' Information:- A M INDUSTRIES LTD [Active] CIN = U21012WB1977PLC030854

Company & Directors' Information:- A AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17117DL1995PTC064137

Company & Directors' Information:- M C INDUSTRIES LTD [Active] CIN = U27106WB1993PLC058995

Company & Directors' Information:- D R INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100WB2011PTC160058

Company & Directors' Information:- H S INDUSTRIES PRIVATE LIMITED [Active] CIN = U23209MH2020PTC348174

Company & Directors' Information:- U K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24241WB1988PTC044355

Company & Directors' Information:- SAI INDIA LIMITED [Active] CIN = U29120KA1989FLC010358

Company & Directors' Information:- V J INDUSTRIES PRIVATE LIMITED [Active] CIN = U29253KA2009PTC050226

Company & Directors' Information:- SAI INDUSTRIES PRIVATE LIMITED [Active] CIN = U25202WB2003PTC095997

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PLC039217

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PTC039217

Company & Directors' Information:- M. K. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15549WB2008PTC130116

Company & Directors' Information:- R S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U52399MH2008PTC180489

Company & Directors' Information:- K. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U14220JH2008PTC013409

Company & Directors' Information:- D K INDUSTRIES LIMITED [Active] CIN = U45202CH1994PLC014627

Company & Directors' Information:- S B JOSHI AND COMPANY LIMITED [Under Liquidation] CIN = U99999MH1953PLC009010

Company & Directors' Information:- R K S INDUSTRIES PRIVATE LIMITED [Active] CIN = U20211WB1997PTC086009

Company & Directors' Information:- D G INDUSTRIES PVT LTD [Active] CIN = U36942WB1946PTC013526

Company & Directors' Information:- R I L INDUSTRIES PRIVATE LIMITED [Active] CIN = U70101DL1993PTC052678

Company & Directors' Information:- I S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29100GJ2009PTC057308

Company & Directors' Information:- B M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17000MH1997PTC109621

Company & Directors' Information:- H M B INDUSTRIES PVT LTD [Active] CIN = U24297GJ1996PTC070418

Company & Directors' Information:- K B R INDUSTRIES PRIVATE LIMITED [Active] CIN = U27107DL1996PTC079915

Company & Directors' Information:- R V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006398

Company & Directors' Information:- B N INDUSTRIES PRIVATE LIMITED [Active] CIN = U67120AS1994PTC004273

Company & Directors' Information:- A J INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2004PTC145040

Company & Directors' Information:- S. A. A INDUSTRIES PRIVATE LIMITED [Active] CIN = U01549TZ1997PTC007927

Company & Directors' Information:- K K S K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19201TZ1997PTC007687

Company & Directors' Information:- C R I INDUSTRIES PRIVATE LIMITED [Amalgamated] CIN = U29120TZ2002PTC010129

Company & Directors' Information:- A C T INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018724

Company & Directors' Information:- G B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29220PN2011PTC139883

Company & Directors' Information:- S D B INDUSTRIES LIMITED [Active] CIN = U27107MP1996PLC010394

Company & Directors' Information:- M M INDUSTRIES PRIVATE LIMITED [Active] CIN = U31300CT2008PTC020916

Company & Directors' Information:- A C INDUSTRIES PVT LTD [Active] CIN = U29299WB2006PTC109474

Company & Directors' Information:- C J INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U25209MH1998PTC116707

Company & Directors' Information:- N P INDUSTRIES LTD [Strike Off] CIN = U15549PB1989PLC009426

Company & Directors' Information:- J. L. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29141MP2008PTC020731

Company & Directors' Information:- I K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100MH2010PTC199474

Company & Directors' Information:- H. D. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U27310MH2011PTC216080

Company & Directors' Information:- H & H INDUSTRIES PRIVATE LIMITED [Active] CIN = U34100DL2010PTC204604

Company & Directors' Information:- M J INDUSTRIES PRIVATE LIMITED [Active] CIN = U15203KA2011PTC060675

Company & Directors' Information:- B R V INDUSTRIES PRIVATE LIMITED [Active] CIN = U32301UP1995PTC018704

Company & Directors' Information:- A. G. INDUSTRIES LIMITED [Strike Off] CIN = U25201UP1994PLC017291

Company & Directors' Information:- B R INDUSTRIES LIMITED [Strike Off] CIN = U15204AS1993PLC003930

Company & Directors' Information:- I P M INDUSTRIES LIMITED [Active] CIN = U25200DL1995PLC068554

Company & Directors' Information:- M R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900UP2008PTC036443

Company & Directors' Information:- R D I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC065508

Company & Directors' Information:- J G INDUSTRIES LTD [Active] CIN = L15141WB1983PLC035931

Company & Directors' Information:- V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U15139JK2015PTC004570

Company & Directors' Information:- S N INDUSTRIES PRIVATE LIMITED [Active] CIN = U29211UP1951PTC002319

Company & Directors' Information:- V P ELECTROMECH PRIVATE LIMITED [Strike Off] CIN = U32109DL2001PTC113482

Company & Directors' Information:- K G INDUSTRIES PVT LTD [Active] CIN = U29130WB1951PTC019868

Company & Directors' Information:- W W I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29300MH1997PTC112589

Company & Directors' Information:- D U INDUSTRIES PRIVATE LIMITED [Active] CIN = U29230GJ2016PTC091588

Company & Directors' Information:- S R P INDUSTRIES LIMITED [Amalgamated] CIN = U00061BR1984PLC002023

Company & Directors' Information:- C P INDUSTRIES PVT LTD [Strike Off] CIN = U29303MP1949PTC000846

Company & Directors' Information:- J B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999MH2013PTC245506

Company & Directors' Information:- S J V INDUSTRIES LTD [Amalgamated] CIN = U15421WB1982PLC035521

Company & Directors' Information:- V V INDUSTRIES PVT LTD [Strike Off] CIN = U99999DL1980PTC010427

Company & Directors' Information:- K K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U65100DL1982PTC013046

Company & Directors' Information:- A T C INDUSTRIES LTD [Strike Off] CIN = U27109AS1984PLC002201

Company & Directors' Information:- N V INDUSTRIES PVT LTD [Active] CIN = U51909WB1953PTC020952

Company & Directors' Information:- L K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291MH2012PTC233546

Company & Directors' Information:- G S C INDUSTRIES PRIVATE LTD [Active] CIN = U92114DL1956PTC002616

Company & Directors' Information:- K B S ELECTROMECH PVT LTD [Active] CIN = U70101WB1991PTC052980

Company & Directors' Information:- G G INDUSTRIES PRIVATE LIMITED [Active] CIN = U27320UP1969PTC003282

Company & Directors' Information:- K S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31909MH1960PTC011707

Company & Directors' Information:- A G JOSHI AND CO PVT LTD [Strike Off] CIN = U33208MH1971PTC015349

Company & Directors' Information:- R S CONCERN PRIVATE LIMITED [Active] CIN = U01403WB2012PTC183656

Company & Directors' Information:- P R INDUSTRIES PVT LTD [Active] CIN = U21014DL1971PTC005738

Company & Directors' Information:- R K I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29190DL2012PTC233413

Company & Directors' Information:- M S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U29309TN2020PTC138957

Company & Directors' Information:- R K INDUSTRIES PVT LTD [Strike Off] CIN = U25202AS1988PTC003132

Company & Directors' Information:- S G R INDUSTRIES PVT LTD [Strike Off] CIN = U25199WB1948PTC016397

Company & Directors' Information:- G K S INDUSTRIES PVT LTD [Strike Off] CIN = U24119OR1982PTC001128

Company & Directors' Information:- B M K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17100MH1948PTC006398

Company & Directors' Information:- K R INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U25190KA2012PTC062367

Company & Directors' Information:- T C G INDUSTRIES PRIVATE LIMITED [Converted to LLP] CIN = U13200MH1958PTC011079

Company & Directors' Information:- Y K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19115UP2012PTC051151

Company & Directors' Information:- E S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999TN2012PTC086119

Company & Directors' Information:- I B INDUSTRIES LTD. [Strike Off] CIN = U28992WB1990PLC050469

Company & Directors' Information:- V I INDUSTRIES LTD [Strike Off] CIN = U36934WB1951PLC019890

Company & Directors' Information:- D K D CONCERN PVT LTD [Strike Off] CIN = U74140WB1981PTC033285

Company & Directors' Information:- J M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U05002UP1952PTC002456

Company & Directors' Information:- A K S INDUSTRIES PVT LTD [Active] CIN = U27201WB1946PTC013433

Company & Directors' Information:- V M V INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U26990GJ2013PTC076945

Company & Directors' Information:- S K INDUSTRIES LIMITED [Under Process of Striking Off] CIN = U29248PN1948PLC001948

Company & Directors' Information:- S P INDUSTRIES PVT LTD [Strike Off] CIN = U20232AS1980PTC001853

Company & Directors' Information:- N JOSHI PRIVATE LIMITED [Active] CIN = U17120MH1981PTC023718

Company & Directors' Information:- V N R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U21090AP2012PTC081525

Company & Directors' Information:- A K INDUSTRIES PVT LTD [Active] CIN = U51109WB1944PTC011764

Company & Directors' Information:- K INDUSTRIES PVT LTD [Strike Off] CIN = U99999KA1946PTC000938

Company & Directors' Information:- G I P INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U52605MH2015PTC263962

Company & Directors' Information:- C. L. INDUSTRIES PRIVATE LIMITED [Active] CIN = U27109RJ2014PTC045306

Company & Directors' Information:- M M T ELECTROMECH PRIVATE LIMITED [Strike Off] CIN = U31900PN2010PTC136908

Company & Directors' Information:- R. A. M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2014PTC254820

Company & Directors' Information:- S. B. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC144181

Company & Directors' Information:- SAI ELECTROMECH PRIVATE LIMITED [Strike Off] CIN = U74999PN2014PTC152242

Company & Directors' Information:- A & P INDUSTRIES PRIVATE LIMITED [Active] CIN = U36935TG2014PTC095781

Company & Directors' Information:- C & N INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U40200TG2014PTC095187

Company & Directors' Information:- B S B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U45200TG2013PTC088059

Company & Directors' Information:- R A R INDUSTRIES PRIVATE LIMITED [Active] CIN = U74900TG2016PTC103684

Company & Directors' Information:- K S A B INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909WB2012PTC181903

Company & Directors' Information:- S V S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U36100JK2013PTC003808

Company & Directors' Information:- R D M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31100DL2013PTC252294

Company & Directors' Information:- JOSHI AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U74210DL1996PTC083337

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1947PTC000501

Company & Directors' Information:- A V K INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52100KA2012PTC066761

Company & Directors' Information:- V. A. R. INDUSTRIES PRIVATE LIMITED [Active] CIN = U18209DL2020PTC369202

Company & Directors' Information:- I N C INDUSTRIES PRIVATE LIMITED [Active] CIN = U74999MH2020PTC350470

Company & Directors' Information:- THE CONCERN PVT LTD [Strike Off] CIN = U23109WB1958PTC023961

Company & Directors' Information:- S V INDUSTRIES PVT LTD [Strike Off] CIN = U27104WB1960PTC024715

Company & Directors' Information:- J INDUSTRIES PVT LTD [Strike Off] CIN = U18101OR1960PTC000388

Company & Directors' Information:- B P K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1960PTC011841

Company & Directors' Information:- INDUSTRIES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109BR1946PTC000228

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200BR1946PTC000035

Company & Directors' Information:- K INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1946PTC005438

Company & Directors' Information:- B M K INDUSTRIES PVT LTD [Active] CIN = U99999MH1948PTC006393

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Under Process of Striking Off] CIN = U99999MH1948PTC006932

Company & Directors' Information:- V B C INDUSTRIES LTD. [Not available for efiling] CIN = U99999AP2000PTC910431

    OSA No. 124 of 2020 & CMP No. 5944 of 2020

    Decided On, 12 March 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN & THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

    For the Appellant: R. Palaniandavan, Advocate. For the Respondent: --------



Judgment Text


(Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of O.S.Rules read with Clause 15 of Letters Patent to set aside the impugned judgment and decreetal order dated 12.12.2019 passed by the learned Judge in Appln.No.5 of 2018 in Appln.No.3636 of 2017 in CS [D] No.3859 of 2017 [subsequently numbered as CS.No.676 of 2017].

M. Sathyanarayanan, J.

1. The defendant in CS.No.676 of 2017 is the appellant herein.

2. The respondent/plaintiff filed the said suit for recovery of a sum of Rs.1,23,62,585/- with further interest @ 24% per annum for the outstanding amount of Rs.96,58,270/- from the date of plaint till the date of realization and also awarding of the cost.

3. The appellant/defendant is an Entity located at Wadhodia, Vadodara, State of Gujarat.

4. The respondent/plaintiff filed an application in A.No.3636 of 2017 under Order XIV Rule 8 of the Original Side Rules read with Clause No.12 of the Amended Letters Patent Act read with Section 151 of CPC, seeking leave of this Court to institute the said suit and it was granted and thereafter, the said suit came to be numbered as CS.No.676 of 2017. The appellant who is arrayed as the respondent/defendant, filed A.No.5 of 2018 for revoking the leave to suit granted to the plaintiff/respondent herein. The learned Single Judge, upon taking into consideration, the contents of the application, arguments advanced as well as the decisions relied on by the learned counsel appearing for the applicant/defendant/appellant herein in A.No.5 of 2018 has dismissed the said application vide impugned order dated 12.12.2019 and challenging the legality of the same, the present Original Side Appeal is filed.

5. The facts leading to this appeal have been narrated in detail and in extenso in the impugned order, which is the subject matter of challenge and for the sake of brevity, the facts are not restated once again except to cull out the relevant facts.

6. The substratum of the case of the respondent/plaintiff is that it is a Public Limited Company and is carrying on business of selling building materials, commercial vehicles and offering mechanical governor services etc and it supplied materials through their branches to the appellant/defendant regularly on credit basis at their request made. It is also pointed out by the respondent/plaintiff that at the time of accepting the Purchase Order, it has been clearly stated that all disputes are subject to Chennai jurisdiction only and having accepted the same, the appellant/defendant had delivered the goods and the appellant/defendant had also acknowledged the same. In view of the defaults committed, there was a legal notice for which, the appellant/defendant has failed to respond and therefore, came forward to institute the suit.

7. It is relevant to extract paragraph No.16 of the plaint, which reads thus:-

“16 The cause of action arose at Guindy, Chennai within the jurisdiction of this Hon’ble Court where the plaintiff Head Office is situated and also the approval of the supply of materials on credit basis to the defendant was given by the plaintiff at Chennai only and the plaintiff supplied the building materials to the defendant on through their Bill/Invoice and the defendant received the materials and he failed to pay the bill amount to the plaintiff and the plaintiff send notice to the defendant lastly on demanding the due amount of Rs.96,58,270/- [Ninety Six Lakhs Fifty Eight Thousand Two Hundred and Seventy Only] and the defendant failed to pay the due amount and as well as no reply for the notice send by the plaintiff and on all subsequent dates when the defendant had failed to repay the amount due till date.”

8. The primordial submission made by the learned counsel for the appellant/defendant by drawing the attention of this Court to the additional typed set of documents is that except the fact that the Registered Office of the respondent/plaintiff is located at Chennai, admittedly, the goods were supplied to the appellant/defendant’s office at Gujarat and mere location of the Registered Office at Chennai, will not enable the respondent/plaintiff to institute a suit here and merely the fact that the contents of the Invoices as to the Bank Account of the respondent/plaintiff at Chennai as well as the dispute, would be subject to Chennai jurisdiction, will not cloth the respondent/plaintiff with a right to institute a suit at Chennai and since no part of cause of action has arose within the jurisdiction of this Court, leave granted in favour of the respondent/plaintiff ought to have been revoked and the learned Single Judge, without properly appreciating the factual circumstances and the legal position, had erroneously dismissed the application seeking for revocation of the leave granted to the respondent/plaintiff and hence, prays for interference.

9. The learned counsel for the appellant/defendant, in support of his submissions, has placed reliance upon the following decisions:-

(a) 2011 [3] Law Weekly 376 [DB] – M/s.Murthy Hosiery Mills rep.by its Managing Partner, Miller R.T.Murth, 507 [Old No.326], P.N.Road, Tirupur-641602 and Another Vs.The State Bank of India rep.by its Chief General Manager, Local Head Office, Chennai 600 001 and another] ; and

(b) 2016 [4] Law Weekly 86 [SB] – Mytrah Energy [India] Limited, 8001, Q-City, S.No.109, Nanakramguda, Gachibowli, Hyderabad-500 032 Vs. Gamesa Renewable Private Limited, formerly Gamesa Wind Turbines Private Limited, The Futura Park, Block B, 81 Floor, No.334, Rajiv Gandhi Salai, Sholinganallur, Chennai 600 119 and Others.

10. This Court paid its best attention to the arguments advanced by the learned counsel for the appellant/defendant and also perused the materials placed before it.

11. It is not in dispute that the Registered Office of the respondent/plaintiff is located at Chennai and a perusal of the Invoices would also disclose that for RTGS/NEFT purposes, the Bank Account of HDFC Bank at ITC Centre, Anna Salai, Chennai, is given and one of the terms and conditions for effecting supply is that the dispute is subject to Chennai jurisdiction.

12. The primordial submission made by the learned counsel for the appellant/defendant is that mere location of the Registered office will not confer any jurisdiction upon this Court to entertain the suit instituted by the respondent/plaintiff and has placed strong reliance upon the decision reported in 2011 [3] LW 376 [M/s.Murthy Hosiery Mills’ case] [cited supra] and in paragraph No.22 of the said decision, it has been observed that, “in order to entertain the suit on the Original Side of High Court, the plaint must disclose that cause of action, wholly or in part, has arisen at Chennai within the jurisdiction of the Original Side of High Court. The plaint must also disclose the integral facts pleaded in support of the cause of action do constitute cause conferring jurisdiction upon the Court to decide the suit. As per Clause 12, if defendant caries on business in Chennai, Suit on Original Side is maintainable, but pre-eminence has to be given where substantial part of cause of action has arisen.”

13. A Division Bench of this Court, on the facts of the case, found that though the State Bank of India is having various Branch Offices located in the entire State of Tamil Nadu, has held that for instituting the suit within the jurisdiction of this Court, the decision taking process by the Head Office will not alone confer the cause of action for instituting such suit and proceeded to render its findings upon the said fact.

14. In the decision reported in 2016 [4] LW 86 [SB] [Mytrah Energy [I] Pvt.Ltd case] [cited supra], the facts of the case would disclose that for conferring jurisdiction, it was pleaded that the first defendant therein came to Chennai and consulted lawyers and it was observed by this Court in the said decision that ‘‘mere fact that the first defendant came to Chennai and consulted lawyers would not constitute cause of action, conferring jurisdiction on this Court [para 10.2]’’. On the factual aspect, the learned Single Judge also found that the Court which has the jurisdiction over Sholinganallur [the then Kancheepuram District] would alone have the jurisdiction and that even otherwise, law is settled that parties by consent, cannot confer jurisdiction upon the Court. As far as payments made from the Bank at Chennai is concerned, it was observed that mere payment made from the Bank at Chennai alone will not confer jurisdiction for the reason that admittedly, the 2nd defendant therein is not situated within the territorial jurisdiction of this Court.

15. The learned Single Judge, in the impugned order, on an in-depth analysis of the factual aspects, especially the averments made in the plaint as well as the very same decisions, had rightly reached the conclusion that there was a consensus addendum arrived at between the parties that money should be paid into the account of the respondent/plaintiff maintained in HDFC Bank having office at Anna Salai, Chennai and the respondent/plaintiff sold the goods on credit basis to the appellant/defendant/applicant in A.No.5 of 2018 and the cheques given by the appellant/defendant/applicant deposited from the Bank account at Chennai was not realised and as such, this Court is having jurisdiction to entertain the said suit. In the considered opinion of the Court, some of the arguments advanced by the learned counsel for the appellant/defendant also touches upon the merits of the suit, for which, there may be a requirement o

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f oral and documentary evidences. 16. This Court, on an independent application of mind and on appraisal of the entire materials, is of the considered view that there is no error apparent or infirmity in the reasons assigned by the learned Single Judge for rejecting the application filed by the appellant/defendant for revocation of the leave to sue granted to the respondent/plaintiff and finds no merits in this Original Side Appeal. 17. In the result, the Original Side Appeal is dismissed confirming the order and decreetal order dated 12.12.2019 passed by the learned Single Judge in Appln.No.5 of 2018 in Appln.No.3636 of 2017 in CS [D] No.3859 of 2017 [subsequently numbered as CS.No.676 of 2017]. No costs. 18. It is also made clear that the findings/observations made/given in the impugned order as well as in this judgment, pertain to disposal of the application/appeal and it no way touches upon the merits of the case to be projected by the parties to this litigation. Consequently, the connected miscellaneous petition stands closed.
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