V RAJARAMAN Vs. HINDUSTAN BROWN BOVERI LIMITED

JUDGEMENT

(1.) V. Rajaraman, Liquidator of Globe United Engineering & Foundry Company Ltd. has instituted this suit for the recovery of Rs. 5,00,000 against the defendant M/s. Hindustan Brown Boveri Ltd. The defendant filed his written statement and then subsequently amended it. The defendant has raised a number of preliminary objections.

(2.) Firstly, it is alleged that this Court has no jurisdication to entertain and try this suit since no part of the cause of action has arisen within the jurisdiction of the court and the defendant's registered office is situated in Bombay. The second objection is that the suit as framed and filed in the name of V. Rajaraman is not competent. Thirdly, it is alleged that no leave of the Court was obtained prior to the filing of the suit against the defendants.

(3.) In the replication, the plaintiff submitted that no prior sanction was required for the institution of the suit by the plaintiff and went on to say that if any sanction is required the same can be granted even after the institution of the suit. On the pleadings of the parties, the following issue was framed on August 27, 1971