Samy Property Developers v. Rsl Industries Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Samy Property Developers Rep.by its Partner K.Dhandapani No.3, NMS Towers, 3rd Florr Indra Nagar, Palladam Road Tirupur.

... Petitioner Vs.

1.M/s.RSL INDUSTRIES LTD Sethu House No.28, Alagappa Road Chennai 600 084.

2.M/s.RSL TEXTILES (India) LTD No.59, Palakkad Main Road Kuniyamuthur Road Coimbatore 641 008.

3.P.S.Amirtharaj

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Additional Labour Court, 1/4

Coimbatore to pass order in the Joint Memo dated 15.07.2024 in the light of direction passed by this Court in the W.P.Nos.32758, 11720 and 11723 of 2019 on 14.02.2020 within a reasonable time to be fixed by this Court. For Petitioner : Mr.K.V.Muthu Visakan

ORDER

In view of the innocuous prayer which is made in the Writ Petition, the Writ Petition is disposed of at the admission stage without notice to the respondents.

2. The case of the petitioner is that when the petitioner has purchased the property of the management who was in default by auction in the execution petition the third party is claiming title only in respect of one Survey Number. But however, the sale in the entirety has not been confirmed and the entire sale consideration which is deposited by the auction purchaser is kept idle. Neither the Workman is benefited nor the management is benefited. In the said circumstance, they have filed a joint memo before the Execution Court praying the Court to pass orders leaving out the said one 2/4

Survey Number which is contested by the third party. No orders have been passed till date. This apart, there is also dispute with reference to certain other survey numbers which is also mentioned in the joint memo. They are praying that leaving out the contested survey numbers, the orders can be passed with reference to the survey numbers where there is no rival contention. This Court is not expressing any opinion on the merits of the memo. However, when a joint memo is filed, it is for the Court to consider the same in accordance with law and pass orders thereon.

3. In view thereof, this Writ Petition is disposed of with the direction to the Additional Labour Court, Coimbatore, to take up the joint memorandum said to be filed by the petitioner and the third respondent in EP.No.168 of 2013 and pass orders on the same in accordance with law, in any event within a period of three weeks from the date of production of the website uploaded copy of this order. No costs. 22.01.2025 dna 3/4

D.BHARATHA CHAKRAVARTHY , J.

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