FLSMIDTH PRIVATE LIMITED Vs. S.BALAJ DAS

JUDGEMENT

(1.) These appeals are directed against the common judgment and order dated 05.04.2019 in C.S.No.645 of 2018, A.No.1486 of 2019, in Application No.6926 of 2018.

(2.) The appellants were plaintiffs in the said Suit which was filed for the following relief:-

(3.) The appellants/plaintiffs filed two applications, namely, O.A.Nos.869 & 870 of 2018, praying for orders of interim injunction. The learned Single Bench by common order, dated 17.09.2018, granted an order of ex parte injunction as prayed for, and ordered notice to the respondents 1 & 2 returnable by 01.10.2018. Subsequently, the orders of interim injunction were extended vide order dated 01.10.2019. Prior to the suit being listed for admission along with interim applications, the appellant/plaintiff filed Application No.6926/2018, under clause 12 of Letters Patent seeking leave to sue the defendants. This application was filed as the first and third defendants were not residing or carrying on business within jurisdiction of this Court. The appellant/plaintiff's submission was that the part of cause of action has arisen within the territorial jurisdiction of this Court. The Court noted the averments in paragraph 9 of the affidavit filed in support of the Application No.6926 of 2018, in which the appellant/plaintiff is purported to have set out as to how the part of the cause of action has arisen within the territorial jurisdiction of the commercial division of this Court. The relevant portion of the paragraph 9 as noted by the Commercial division is as follows:-