Hindustan Petroleum's Leave to Sue Application Dismissed

Authority: High Court of Judicature at Madras (Madras High Court)

Order Date: 25-09-2026

Case Overview

• Parties: Hindustan Petroleum Corporation Ltd (Applicant), represented by its Chief Regional Manager LPG Chennai, LPG Regional Office, Petro Bhavan, 3rd Floor, No 82 TTK Road, Alwarpet, Chennai 600018; versus HDC Power System Private Limited (Respondent), represented by its Directors T. Selvakumar and T. Tamil Selvan, with registered and correspondence addresses at various locations in Chennai.
• Nature of Proceeding: Application filed under Clause 12 of the Letters Patent seeking leave to institute a suit before this Court.
• Background: The plaint alleges that the entire cause of action arose in Chennai and that the defendant carries on business within the ordinary original civil jurisdiction of the Court. The agreement between the parties provides that disputes shall be subject to the jurisdiction of the courts at Chennai.
• Court Observations: The Court noted that the defendant’s registered office and the cause of action are situated within Chennai, satisfying the ordinary original civil jurisdiction. The fact that a dealership operated at Perungalathur (outside the limits) does not, by itself, necessitate leave under Clause 12. Since the agreement already designates Chennai courts, leave is unnecessary.

Final Outcome

• The application for leave to sue is dismissed as unnecessary, without prejudice to the presentation and numbering of the plaint, provided it is otherwise in order and complies with other legal requirements. No costs are awarded.

Topics: Jurisdiction, Litigation