The High Court of Madras dismissed three connected applications (OA Nos. 664-665 of 2020, A.No. 2921 of 2020) as withdrawn by the learned counsel for the applicant on the same day they were listed for hearing under the Arbitration and Conciliation Act, 1996.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 04TH DAY OF DECEMBER 2020
THE HON'BLE MR. JUSTICE M.SUNDAR
O.A.No.664 of 2020 and O.A.No.665 of 2020 and A.No.2921 of 2020 In the matter of Arbitration and Conciliation Act 1996. and In the matter of Clause 23.6 of the Conditions of Amended and Restated Joint Development Agreement dated 06.04.2011
ARIHANT FOUNDATIONS AND HOUSING LIMITED, Represented by its authorized signatory Mr.S.Selvakumar, Old NO.182, New No.271, Poonamallee High Road, Ankur Manor, 1st Floor, Off McNichols Road, Kilpauk, Chennai - 600 031. ..Applicant in all applications -Vs-
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..Respondent in all applications
..Garnishee/Respondents in all applications
O.A. No.664 of 2020 :-
Original Application praying that this Hon'ble Court be pleased
to grant an order of interim injunction restraining the 2nd Respondent from proceeding further with the sale notice dated 22/10/2020 pertaining the 2nd Schedule mentioned property and preserve the property in the petition.
O.A. No.665 of 2020 :-
Original Application praying that this Hon'ble Court be pleased
to grant an order of interim injunction restraining the 1st Respondent from
creating any encumbrances/third party right over the 1st Schedule mentioned properties.
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A.No.2921 of 2020 :-
Application praying that this Hon'ble Court be pleased to stay of
all further proceedings pursuant to the Sale notice dated 22/10/2020 issued
by the 2nd Respondent/Garnishee Bank.
These Original Application and Application are coming on this
day before this court for hearing the court made the following order:
Mr.V.Raghavachari, learned counsel appearing on behalf of counsel on record for applicant, assisted by Mr.P.J.Rishikesh, one of the counsel on record, was before me in this web-hearing on a videoconferencing platform.
2.To be noted, owing to recusal by Hon'ble Portfolio Judge,
captioned applications were listed before me by the Registry in accordance with Standing Orders/Notification of Hon'ble Chief Justice in this regard.
3.After some arguments, learned counsel sought permission to
withdraw captioned applications. Learned counsel sent an e-mail to the Registry, which is as follows:
'From: JR Original Side [email protected]
Date: Fri, Dec 4, 2020 at 5:15 PM
Subject: Fwd: OA No 664 , 665 of 2020 ; Appln No 2921 of 2020
To: Vijayakrishnan Venkateswaran
From: rishikesh P.J [email protected] Date: Fri, 4 Dec 2020 at 17:10
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Subject: OA No 664 , 665 of 2020 ; Appln No 2921 of 2020 To: JR Original Side [email protected] Respected Sir, The Above referred Application was filed u/s 9 of the Arbitration and Conciliation Act 1996 and the same was listed before the Hon'ble Justice M. Sundar as item No 1 - Additional List.
We are herewith withdrawing the said Petitions filed.
Therefore kindly place this Email/Memo before the Hon'ble Court for its kind consideration and suitable orders.
Counsel for Petitioner. -- P.J.Rishikesh Advocate Partner NR Associates Advocates No 10A, 14th Avenue, Harrington Road, Chetpet, Chennai – 31 Phone: 044-2836 2655; Fax: 044- 2836 2633 Email: [email protected] Mobile: + 91 98411 88677'
Permitted to withdraw. Captioned applications dismissed as withdrawn. There shall be no order as to costs.
Sd/.M.S.J. 04.12.2020 //Certified to be a true copy// Dated this the day of 2020
SU/09/12/2020 COURT OFFICER(O.S.)
https://hcservices.ecourts.gov.in/hcservices/ From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
ARIHANT FOUNDATIONS AND HOUSING LIMITED
PVP VENTURES LIMITED
CANARA BANK
PVP CAPITAL LTD
M.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
