M/S.Appollo Alchobev Ltd. v. M/S.Mjr Builders Pvt Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 31st DAY OF JANUARY 2017 THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM O.A.NO.10 OF 2017 AND A.NO.60 OF 2017 In the matter of the Arbitration and Conciliation Act, 1996 And In the matter of Arbitration disputes between M/s.

Appollo Alchobev Ltd. And M/s. MJR Builders Pvt. Ltd., under the Joint Development Agreement dated 21.06.2012.

M/s. APOLLO ALCHOBEV LTD.

A company registered under the Companies Act, 1956.

Having its registered office at Empee Tower, 59, Harris Road, Pudupet, Chennai 600 002 Represented by its authorized representative Mr.Jamaal Mohideen : Applicant Vs.

M/s.MJR BUILDERS PVT. LTD Having its registered office at No.5, 2nd Floor, 12th Main, 17th Cross, Sector 6, HSR Layout, Bengaluru 560 102 : Respondent O.A.NO.10 OF 2017:- Original Application praying that this Hon'ble Court be pleased to grant an interim injunction restraining the respondent, its men, agents, or any one acting through or

uder it, from directly or indirectly from in any manner seeking to execute and register sales of apartment/flat units falling within the 'DEVELOPER'S CONSTRUCTED AREA' of the project in the Schedule property (i.e. 57% of the said project and the said property including 57% of the superbuilt up area in the form of apartment/flat units, 57% of the car parking areas and 57% of the terrace areas) in favour of any purchaser without first executing and registering sale of apartment/flat units falling within the 'OWNERS CONSTRUCTED AREA' in favour of the customers of the Applicant (i.e.

43% of the project and the property including 43% of the super-build up area in the form of apartment/flat units, 43% of the car parking areas and 43% of the terrace areas) in favour of the Applicant's customers who have already paid the requisite consideration, details of whom have been set out in Annexure I, pending disposal of Arbitral Proceedings. A.NO.

project in the Schedule property (i.e. 43% of the project and the property including 43% of the super-built up area in the form of apartment/flat units, 43% of the car parking areas and 43% of the terrace units) as and when called upon or required by the Applicant, pending disposal of Arbitral Proceedings.

These Applications coming on this day before this court for hearing the court made the following order: Mr.Rahul Balaji, learned counsel for the applicant as well as Mr.T.K.Bhaskar, learned counsel for the respondent submits that the parties have entered into settlement and a memorandum of settlement dated 18.01.2017, has been entered into between them, a copy of which has been produced before this Court.

2. Recording the said Memorandum of Settlement and the affidavit filed on behalf of the applicant, this Original Application stands closed. Consequently, A.No.60 of 2017 stands closed.

Sd/.T.S.S.J 31.01.2017 //Certified to be a true copy// Dated this the day of 2017.

GM/28.03.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.