In an appeal against an interim order granting security via an undertaking, the High Court held the order was not infirm. The claim remains with the Arbitrator; dismissal of the appeal leaves parties to bear own costs.
The appeal was dismissed, and the parties were directed to bear their own costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2017
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
and THE HON'BLE MR. JUSTICE M.SUNDAR
M/s.Brown Stone Foundations (P) Ltd., having Regd. Office at “Chella Mall”, No.108, I Floor, Door No.11/11A,
Sir Theagaraya Road,
Pondy Bazaar, T.Nagar, Chennai-600 017, rep. by its Director Mr.K.S.Sreedhar. ... Appellant Vs A.Geetha ... Respondent
Appeal filed under Order XXXVI, Rule 11 of Original Side Rules read with Clause 15 of Letters Patent against the order dated 22.09.2016 made in Application No.343 of 2016 on the file of this Court.
For Appellant : Mr.Kalyanasundaram Senior Counsel for M/s.K.Radhakrishnan
JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice)
The dispute inter se the parties has already been referred to the Arbitrator. The learned Single Judge has granted interim protection, which is almost in the nature of security for the benefit of the appellant by recording an undertaking of the respondent-land owner not to alienate, transfer or create any third party interest in one of the flats.
O.S.A.No.11 of 2017
KJI(CO) CA(06/02/2017)
1 issue framed by the court
Whether the appeal against the interim order granting protection/security by an undertaking from the respondent should be allowed.
M/s. Brown Stone Foundations (P) Ltd.
A. Geetha
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
