Madras High Court
CRP/5830/2026 of Madan Murali Vs M/s.BA Continum India Private Limited on 11 September 2026
CRP No. 5830 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 5830 of 2026
Madan Murali
S/O Anantharaman,
P2C403, XS REAL HARMONY,
No.9, Old Mahabalipuram Road,
Padur, Chengalpattu District - 603 103
..Petitioner(s)
Vs
M/s.BA Continum India Private Limited
Rep by its authorised signatory / Managing Director, Having its registered office at No.5, Minds space Raheja IT Park, Hitech City, Madhpur, Hyderabad, Telungana – 500081.
and
M/s.BA Continum India Private Limited
(Anon-bank subsidiary of Bank of America Corporation)
Tower-2, DLF Downtown, Tharamani, Chennai Tamil Nadu - 600 113
..Respondent(s)
Prayer; Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the return of fair order dated 20-07-2026 passed by the 1st Assistant City Civil Court Chennai made in OS SR No.7492 of 2026 with consequent direction to number the same.
For Petitioner(s):
Mr. P.Manikannan
CRP No. 5830 of 2026
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ORDER
This revision petition has been filed, challenging the order of return of the plaint, on the ground of lack of jurisdiction, by the I Assistant Judge, City Civil Court, Chennai in O.S. Sr No.7492 of 2026, dated 20.07.2026.
2. The learned counsel for the petitioner states that when the matter was posted in open court, the counsel for the revision petitioner was also afforded an opportunity to advance arguments. However, without considering the arguments advanced with regard to the maintainability of the suit before said court, the I Assistant Judge, City Civil Court, Chennai has reiterated the earlier return made by the Registry, holding that the City Civil Court, Chennai does not have jurisdiction to entertain the matter.
3. This order has been passed under Order VII Rule 10 of CPC and it is an appealable order under the provisions of Order 43 of Code of Civil Procedure and hence, I am unable to entertain this civil revision petition. However, liberty is given to the petitioner to challenge the said order of return of plaint. This civil revision petition is disposed of in the following manner:-
i) The original order passed by the learned I Assistant Judge, City Civil Court, Chennai, which has been filed along with the typed set of papers in this revision petition shall be returned to the counsel for the petitioner.
CRP No. 5830 of 2026
ii) Regular appeal under Order 43 of CPC shall be filed, within a period of four weeks from the date of receipt of original of the impugned order from the Registry along with the order in this revision petition.
iii) On filing of such regular appeal, the same shall be entertained by the Appellate Court, without putting delay against the revision petitioner. There shall be no order as to costs. 11-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The I Assistant Judge, City Civil Court, Chennai.
CRP No. 5830 of 2026 P.B.BALAJI, J. MST CRP No. 5830 of 2026 11-09-2026