1992 (3) TMI 364

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...., to continue to prosecute the Original Suit No. 7 of 1986 and Original Suit No. 507 of 1989 filed in the Court of the Additional Subordinate Judge, Ranga Reddy District at Saroor Nagar in Andhra Pradesh. 2. According to the applicants, the applicants are secured creditors of respondent No. 1 and the said Suit No. 7 of 1986 filed by the applicants is a mortgage suit and as secured creditors, the ....

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....Mr. Sanghavi has further submitted that, ordinarily, leave to sue is granted by the court unless there are special grounds to refuse the same. In the submission of Mr. Sanghavi, there exists no special ground for refusal of such leave and as such, the leave as sought be granted by this court. 5. Even if the applicants are outside the scope of the winding up, no realisation of dues by the applican....

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....ng up court itself. The leave of the court is not granted as a matter of course or merely for the asking. On examination of the facts and circumstances of the case, I am of the opinion that defending at a far distance in the Court of Additional Subordinate Judge, Ranga Reddy District at Saroor Nagar in Andhra Pradesh is going to be more expensive than if the said suits are continued and tried in t....