R.Sathyavageeswaran v. N.R.Vatsala
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Cont. P. Nos.1212 of 2013 & 2020 of 2019 and Sub.Appln.Nos. 97 of 2019 & 124 of 2020 Cont. P. No.1212 of 2013 R.Sathyavageeswaran S/o. K.S.Ramakrishnan, S-1, Bakkya Abodes, No.45, Thiruvadi Street, Srirangam, Trichy 620 006 ... Petitioner Vs.
1. N.R.Vatsala
2. T.Prabhakar
3. V.Thirunavukkarasu
4. M.Vishnupathy
5. V.Sekar,
6. V.Singaravadivelu
7. Mrs.S.Chitra
8. Mrs. Parvatham
9. Mrs. Saraswathy 1/4
10. Mrs.Shanbagavalli
11. Mrs. T.Santhakumari
12. G.Suresh ... Respondents PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, praying to issue notice to the respondents to show cause as to why respondents should not be punished for having committed the contempt of the orders of this Hon'ble Court passed in O.A.No.733 of 2006 in C.S.No.718 of 2006 dated 28.09.2006.
Cont. P. No.2020 of 2019 M/s. Shree Mangalam Builders and Real Estates Ltd., rep. By its Managing Director Mr. Jitendar Kothari, No.16, Rangnathan Avenue, Sylvan Lodge Colony, Kilpauk, Chennai 600 010 ... Petitioner Vs.
1. Mr.V.Thirunavukkarasu
2. Mr. T.Prabhakar
3. Mrs.T.Santhakumari
4. Mrs. P.Rajalakshmi ... Respondents PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, praying to punish the respondent for having deliberately, willfully and intentionally flouted the order of this Hon'ble Court passed in O.A.No.471 of 2016 dated 28.07.2016.
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For Petitioner :
No appearance in Cont.P.No.1212/2013 For Respondents :
Mr.B.Vijay for R4 in Cont.P.No.1212/2013 Mr.S.Sridhar for R9, R10 & R11 No appearance for R5, R6 & R9 For Petitioner :
Mr.M.Vijay Anand in Cont.P.No.2020/2019 For Respondents :
Mr.S.Sridhar in Cont.P.No.2020/2019 C O M M O N O R D E R (This case has been heard through video conference) Today, when the Cont.P.No. 1212 of 2013 taken up for hearing, no representation on behalf of petitioner. It is stated by the learned counsel appearing for 4th respondent that contempt petitioner himself died and the legal heirs of Contempt Petitioner have to be brought on record. As the plaintiff in the suit died, no steps have been taken. Hence, the suit is also abated.
2. As far as Contempt Petn. No.2020 of 2019 is concerned, learned counsel appearing for respondents submitted that the application has been filed against violation of the order passed under Sec.17 of the Arbitration and Conciliation Act. Now, the arbitral award itself passed. The very relief of specific performance has been negatived by the learned Arbitrator. 3/4
3. In such view of the matter, as the contempt petitioner is died, in the contempt petition No.1212 of 2013, no further order is required. Accordingly, the said Contempt Petition is closed.
4. As far as Cont. P. No.2020 of 2019 is concerned, the learned Arbitrator had passed the final award. Hence, no further adjudication is required in this Contempt Petition. Accordingly, the Cont. P. No.2020 of 2019 is also closed. Consequently, connected Sub-Applications are closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) rpp //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
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