AHMED ABDULLA AHMED AL GHURAIR Vs. STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED
LAWS(SC)-2018-11-40
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on November 26,2018

AHMED ABDULLA AHMED AL GHURAIR Appellant
VERSUS
STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED And ORS Respondents

JUDGEMENT

A. K. Sikri, J. - (1.) This group of thirteen appeals was heard together and is being disposed of by this common judgment as an identical issue is involved therein.
(2.) At the outset, we may mention that the dispute between the parties pertain to the shares of Respondent No.1, Star Health Insurance Company, standing in the name of the Respondent Nos. 3-7. As per the appellants/plaintiffs, it is Respondent No. 2 which has the beneficial interest in those shares. In this behalf, the appellants/plaintiffs filed the suit through their Power of Attorney holder (C.S. No. 33 of 2018) before the High Court of Madras seeking, inter alia, the relief of declaration of beneficial interest of Respondent no. 2 herein in the shares which are in the names of Respondent nos. 3 to 7. These constitute a total of 6.16% of the share holding of Respondent No. 1. However, issue before this Court is very limited which pertains to the territorial jurisdiction, viz., whether High Court of Madras has the territorial jurisdiction to entertain the suit filed by the appellants herein?
(3.) As per Clause 12 of the Letters Patent, along with the suit the plaintiffs also filed application for seeking leave to sue on the ground that a substantial part of cause of action had arisen within its jurisdiction. This application was allowed by the High Court vide its order dated January 12, 2018. After the service of summons in that suit, Respondent no. 1 herein (Defendant no. 1 in the suit) filed applications for revoking leave to institute the suit within the jurisdiction of Madras High Court on the ground that it lacked territorial jurisdiction to decide the suit. Similar applications were filed by Respondent nos. 2 and 3 as well. Respondent nos. 4,6,and 7 filed Memos supporting these applications. The learned Single Judge of the High Court dismissed these applications holding that High Court had the jurisdiction to entertain the suit. Appeals against this order were filed by Respondent nos. 1 to 9. The Division Bench has allowed these appeals by the common judgment dated August 03, 2018, thereby rejecting the plaint on the ground that suit in the High Court of Madras was not maintainable due to lack of territorial jurisdiction. This order is impugned in the instant ppeals.;


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