K Pannerselvam v. Mr S Sathish
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-03-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY K Pannerselvam S/o.Mr.Krihshnamoorthy/ No 35 Vadivudaimman NagarManali New Town Chennai 39 ..Petitioner(s) Vs
1. Mr S Sathish S/o.Mr.A.Srinivasan No.224 22 8th Cross Street, MKB Nagar Vyasarpadi, Chennai 39.
2. Mrs Suganthi No 224 22 8th Cross Street MKB Nagar Vyasarpadi, Chennai 39
3. The Sub Registrar Office of Sub Registration DistrictNo 11 NGO ColonyAvarapakkam Tindivanam District 604002 ..Respondent(s) PRAYER: To pass an order to cancel the Settlement Deed Dated 25.07.2025 Vide Doc No 3492 of 2025 and General power of attorney Dated 31.07.2025 Vide Doc No 3601 of 2025 registered at the office of Sub Registrar, Avarapakkam, Tindivanam District,which is morefully described as the Schedule Property.
For Petitioner(s):
M/s.V.Balasubramani **********
ORDER
Relying on the arbitration clause in memorandum of understanding dated 11.05.2023, the applicant asserts that the first and second respondent executed settlement deed dated 16.07.2025 bearing Document No.3492 of 2025 and power of attorney dated 31.07.2025 registered as Document No.3601 of 2025 at the office of the third respondent. Seeking cancellation thereof as an interim measure of protection, the present application has been filed.
2. Learned counsel for the applicant submits that the first and second respondents defaulted in payment of amounts due under the loan agreement. It is also stated that the first and second respondents have executed the impugned documents after the applicant initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881, wherein a warrant was issued against the said respondents.
3. An application under Section 9 is intended for obtaining interim measures of protection in aid of arbitral proceedings. As on date, it appears that even the
Section 21 notice has not been issued. Even otherwise, by way of an interim application, registered documents cannot be cancelled. In view thereof, this application is dismissed without any order as to costs. The dismissal of this application will not, however, stand in the way of the applicant initiating arbitral proceedings or filing an appropriate application for interim relief. 05-03-2026 RNA
SENTHILKUMAR RAMAMOORTHY, J.
RNA 05-03-2026