The High Court of Madras closed an arbitration application seeking an injunction regarding property rights. The parties filed a consent memo resolving their disputes, leading the court to approve the settlement.
The original application was closed by taking the parties' consent memo on file; the case was settled without a decree.
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: 08.02.2021
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
OA.No.134 of 2020
M/s. Gurudev Foundations Pvt. Ltd.,
No.62, Audiappa Street,
Sowcarpet,
Chenna- 600079.
...Applicant
Vs
M/s. Dugar Housing Ltd.,
Dugar Towers, 7 th Floor,
34 (123), Marshalls Road,
Egmore,
Chennai- 600008.
... Respondent
Prayer : Application filed under Order XIV Rule 8 of Original Side Rules Read with Section 9 (II) ©, (d) and (e) of the Arbitration and Conciliation Act, 1996 praying to grant an order of ad-interim injunction restraining the respondent, its men, agents or anyone through or under them from in any manner creating any third party rights, charge, lien, sale agreement for sale and/or handing over possession to any third party in respect of 23 % undivided share of the scheduled mentioned property including the superstructure thereon.
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For Applicant : Mr. Kalyan Jabakh for Mr. D. Dorairajan For Respondent : Mr. Avinash Krishnan Mr. Ravi
O R D E R
The parties have resolved their disputes and have filed a Consent
Memo dated 08.02.2021 setting forth the terms of the agreement amongst
themselves.
2. The Consent Memo is taken on file. The Original Application is
closed in terms of the Consent Memo. The Consent Memo shall form part
of the decretal order. No costs.
08.02.2021
mrn
Index : Yes/No
Speaking order/non-speaking order
Note: Issue order copy on 08.02.2021
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P.T.ASHA, J.
mrn
OA.No.134 of 2020
08.02.2021
3/3
1 issue framed by the court
Whether to grant an ad-interim injunction restraining the respondent from creating third-party rights in the scheduled property.
2 provisions across 2 enactments
M/s. Gurudev Foundations Pvt. Ltd.
M/s. Dugar Housing Ltd.
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
