The court disposed of OA Nos. 399 and 400 of 2020 as the interim injunctions had already been made absolute. The matter was posted for filing written statements, and OA No. 481 of 2020 was not listed for hearing.
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
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 3RD DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE ADBUL QUDDHOSE
O.A. Nos.399, 400 & 481 of 2020
in
C.S. No.221 and 263 of 2020
C.S. No.221 of 2020 and A.Nos. 399 & 400 of 2020:-
M/s.Jain Housing, a registered Partnership firm, rep. by its Partner, Mr.Sachin Mehta, No.98/99, Habibullah Road, T.Nagar, Chennai-600 017.
... Applicant/Plaintiff
(in O.A. Nos.399 & 400 of 2020)
-Versus-
Jains Westminster Flat Owners Welfare Association, rep. by its Secretary, Jains Westminster Complex, No.10, Arunachalam Road, Kumaran Colony, Saligramam, Chennai-600 093.
... Respondent/Defendant
(in O.A. Nos.399 & 400 of 2020)
O.A. No.399 of 2020:-
Original Application praying that this Hon'ble Court be pleased to grant an
order of ad interim /interim injunction restraining the respondent/defendant
association, its members, employees, servants, hirelings, henchmen or any one claiming through or under the respondent/defendant from restraining or interfering
with the ingress of egress of applicant/Plaintiff's employees/officials/staffs into or
from Jains Westminster at Arunachalam Road, No.110 Saligramam Village formerly Saidapet Taluk, now Egmore Nungambakkam Taluk Chennai 600 093 for securing the upkeep and sale of the unsold flats in Jains Westminster including bringing prospective buyers to show the flats located in Jains Westminster, doing things to suit the needs of the prospective buyers after taking note of their requirements including changes in the flats without any structural modification and taking steps for the upkeep of the unsold flats in applicant/Plaintiff's project Jains Westminster pending disposal of the above suit.
O.A. No.400 of 2020:-
Original Application praying that this Hon'ble Court be pleased to grant an order of ad interim/temporary injunction restraining the respondent/defendant association, its members, employees, servants, hirelings, henchmen or any one claiming through or under the respondent/defendant from putting up any structure either temporary or permanent on the car parking areas reserved for the unsold flats in Jains Westminister at Arunachalam Road, No.110 Saligramam Village formerly Saidapet Taluk, now Egmore, Nungambakkam Taluk Chennai 600 093 till the
disposal of the above suit.
O.A. No. 481 of 2020 and C.S.No.263 of 2020:-
Jains Westminster Owners Welfare Association - Saligramam, Represented by it's President Jains Westminster Residential Complex No.24, Arunachalam Road, Saligramam, Chennai 600 093. ... Applicant /Plaintiff -Versus-
1.M/s Jain Housing, A Registered Partnership Firm, Represented by it's Partner 98/99, Habibullah Road, T.Nagar, Chennai – 600 017.
2.Mr.Sachin Mehta, Partner, M/s Jain Housing, 98/99, Habibullah Road, T.Nagar, Chennai – 600 017.
3.M/s Jain Housing and Constructions Ltd., Represented by its Managing Director, 98/99, Habibullah Road, T.Nagar, Chennai – 600 017.
4.Mr.Sandeep Mehta, Managing Director, Jain Housing and Constructions Ltd., 98/99, Habibullah Road, T.Nagar, Chennai – 600 017. ... Respondents/Defendants
O.A. No. 481 of 2020:-
Original Application praying that this Hon'ble Court be pleased to pass an
order of ad interim injunction restraining the respondents/defendants or their men,
agents, servants or anybody else claiming through or under them in any manner from alienating or mortgaging or dealing with the property described in the schedule to the Judges summons herein in any manner whatsoever from alienating any of the unsold
flats as detailed in the Schedule to the Judge's summon to any third parties without first settling the Corpus Fund and Maintenance charges to this Applicant/Plaintiff pending disposal of the above suit.
These Applications coming on this day before this court for hearing, the court made the following order:-
Since the interim injunction granted in OA Nos.399 and 400 of 2020 in CS
No.221 of 2020 were made absolute by this Court on 01.09.2021 itself, no further
order is required to be passed in those applications.
O.A.Nos.399 and 400 of 2020 are disposed of.
respective parties.
next date of hearing, as they were disposed of.
Sd./-AQJ
03/12/2021
//Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. EVK 13/12/2021
M/s Jain Housing
Jains Westminster Flat Owners Welfare Association
Jains Westminster Owners Welfare Association
M/s Jain Housing and Constructions Ltd.
ADBUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
