Madras High Court
E.Rajakumaran vs M/S.Johoku Manufacturing ... on 9 February, 2021
O.S.A.No.101 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
O.S.A.No.101 of 2017
E.Rajakumaran ... Appellant
Vs
M/s.Johoku Manufacturing Pvt.Ltd.,
Rep.by its Managing Director,
Plot No.7, SIPCOT Industrial Park,
Vallam Vadangal,
Echur Post - 631 604,
Sriperumbudur Taluk,
Kanchipuram District. ... Respondent
PRAYER : Original Side Appeal filed under Order XXXVI Rule 1 of O.S. Rules,
praying to set aside the order and decree passed by this Court dated 03.08.2016
made in Application No.8076 of 2015 in C.S.D.No. of 2015 on the file of this
Court.
1/8
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O.S.A.No.101 of 2017
For Appellant : Mr.R.Agilesh.
For Respondent : Mr.A.Saravanan for
Mr.R.Bharath Kumar.
JUDGMENT
(Judgment of the court was made by N.KIRUBAKARAN.J.,)
The matter was heard through "Video Conference".
2.This Original Side Appeal has been filed against the order of the Learned
Single Judge refusing to grant leave to file a Suit against the Respondent before this
Court.
3.The Appellant proposed to file a Suit with the following prayer;
"a)Declaring that the order of dismissal dated 06.11.2015 by
the Defendant is bad, wrong, null and void.
b)To direct the defendant to pay Rs.50,00,000/- as and by way
of damages.
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O.S.A.No.101 of 2017
c)To direct the defendant to pay the costs of the Suit."
According to the Appellant, the cause of action for the Suit arose in Chennai as the
office of the Respondent/ Company was situated at Saidapet, Chennai, within the
jurisdiction of this Court, when the Appellant was appointed on 22.01.2014 in the
office of the Respondent / Company. Subsequently, during the service of the
Appellant with the Respondent / Company, his salary has been increased vide
communication dated 29.04.2014. When these facts constitute cause of action to
file a Suit before this Court, the Appellant sought leave to file a Suit against the
Respondent before this Court.
4.However, the Learned Single Judge on appreciation of the facts and
circumstances of the case, dismissed the Application filed by the Appellant refusing
to grant leave to file a Suit before this Court stating that these facts are not material
facts which would constitute cause of action to file a Suit before this Court.
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O.S.A.No.101 of 2017
5.Mr.K.Agilesh, Learned Counsel for the Appellant submitted that cause of
action for the suit arises at Chennai as the registered office of the Respondent was
situated at Saidapet, Chennai, when the Appellant was appointed on 22.01.2014.
Subsequently, on 29.04.2014, on appreciation of the work done by the Appellant,
his salary was increased and in this regard, a communication has also been sent
from the office of the Respondent situated at Chennai. Further, he submitted that
when these facts constitute cause of action to file a Suit before this Court,
erroneously, the Learned Single Judge had refused to grant leave to file a Suit
before this Court. Stressing the above points, he would pray to set aside the order
of the Learned Single Judge and grant leave to file a Suit before this Court.
6.However, Mr.A.Saravanan, Learned Counsel for the Respondent submitted
that there is no cause of action to file a Suit before this Court and the Learned
Single Judge has rightly refused to grant leave, as the cause of action does not arise
within the jurisdiction of this Court and prayed for dismissing this Appeal.
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O.S.A.No.101 of 2017
7.Heard Mr.K.Agliesh, Learned Counsel for the Appellant and
Mr.A.Saravanan, Learned Counsel for the Respondent and perused the materials
available on record.
8.A perusal of the plaint as well as the order passed by the Learned Single
Judge would reveal that the office of the Respondent was located in Saidapet,
Chennai, when the Appellant was appointed on 22.01.2014. The appointment order
of the Appellant was issued from the office of the Respondent which was situated
at Chennai and subsequently, the order increasing the salary of the Appellant dated
29.04.2014, was also issued from the office of the Respondent which was situated
at Chennai. However, these facts would not constitute cause of action to file a Suit
before this Court.
9.The real cause of action for filing the Suit before this Court by the
Appellant is only with regard to his suspension and dismissal from the Respondent
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O.S.A.No.101 of 2017
/ Company. When the appellant was in service, the Respondent / company got
shifted to Sriperumpudur, Kanchipuram District and the company has been
functioning from Sriperumpudur only, where the Appellant had also joined and
worked. At the time of suspension as well as dismissal from service, the Registered
office as well as the Company were located in Sriperumpudur, Kanchipuram
District and there is no work or function carried out by the Respondent within the
jurisdiction of this Court. Therefore, there are no material facts which give rise to
cause of action for the Appellant to file a Suit before this Court.
10.Hence, this Court is completely in agreement with the order passed by the
Learned Single Judge. Therefore, the Order passed by the Learned Single Judge in
Application No.8076 of 2015 is confirmed and the Appeal is dismissed. No costs.
11.Since the Application to grant leave to file a Suit before this Court was
dismissed by the order of the Learned Single Judge and the same was confirmed by
this Court, Registry is directed to return the plaint filed by the Appellant along with
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O.S.A.No.101 of 2017
enclosures, after making a copy for record under written acknowledgment within a
period of two weeks from the date of receipt of a copy of this Judgment, so as to
enable the Appellant to re-present the plaint before appropriate forum within a
period of four weeks from the date of receipt of a copy of the plaint along with
enclosures, if so advised.
(N.K.K.,J.) (P.D.A.,J.)
09.02.2021
ay/ Maya
Index: Yes/No
Internet: Yes/No
To
The Sub Assistant Registrar,
Original Side Section,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis/
O.S.A.No.101 of 2017
N.KIRUBAKARAN, J.
AND
P.D.AUDIKESAVALU, J.
ay
O.S.A.No.101 of 2017
Dated:09.02.2021
https://www.mhc.tn.gov.in/judis/
