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Madras High CourtCMP/7208/2018dismissed

Chillara Kalyan v. M/S. Bergguren Estate

2018-04-18Honourable The Chief Justice,Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Eighteenth day of April Two Thousand Eighteen PRESENT THE HON'BLE MS.INDIRA BANERJEE, THE CHIEF JUSTICE and THE HON`BLE MR.JUSTICE ABDUL QUDDHOSE CMP No.7208 of 2018 in OSA No.116 of 2018 1 CHILLARA KALYAN [ PETITIONERS ] PLOT NO.332, H.NO.G-1, SOMNATH RESIDENCY, KAMALAPURI COLONY, PHASE III, HYDERABAD 500 073.

2 KAMAL SINGH PLOT NO.332, H.NO.G-1, SOMNATH RESIDENCY, KAMALAPURI COLONY, PHASE III, HYDERABAD.

3 ARJUN SINGH PLOT NO.332, H.NO.G1, SOMNATH RESIDENCY, KAMALAPURI COLONY, PHASE III, HYDERABAD- 500 073.

4 SMT. SONI BAI PLOT NO.332, H.NO.G1, SOMNATH RESIDENCY, KAMALAPURI COLONY, PHASE III, HYDERABAD 500 073.

5 CHOTI BAI PLOT NO.332, H.NO.G1, SOMNATH RESIDENCY, KAMALAPURI COLONY, PHASE III, HYDERABAD.

2 TO 5 REP BY THEIR GPA HOLDER C. KALYAN I.E APPELLANTS NO.1 HEREIN.

Vs M/S. BERGGUREN ESTATE [ RESPONDENT ] PROJECTS PVT.LTD., HAVING THEIR OFFICE AT SPAN CENTRE, 6TH FLOOR, SOUTH AVENUE, SANTA CRUZ WEST, MUMBAI 400 054, INDIA.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the order and decreetal order dated 29.01.2018 passed in OP No.434 of 2016 pending OSA No.116 of 2018.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.SAGADEVAN, Advocate for the petitioner and of MR.M.S.KRISHNAN SENIOR COUNSEL for M/S.M.SRICHARANRANGARAJAN Advocate for the Respondent the court made the following order:- Considering the conduct of the appellant in withdrawing Rs.7 crores in a dubious manner, despite orders of Court, we are not inclined to grant any stay.

This petition is, accordingly, dismissed.

-sd/- 18/04/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SUB ASSISTANT REGISTRAR ORIGINAL SIDE, HIGH COURT, CHENNAI-104.

C.C. to M/S.R.SAGADEVAN Advocate on payment of necessary charges Order in CMP.7208/2018 in OSA.116/2018 Date :18/04/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 20.04.2018