S.Radhika Malini v. Barath Building Construction

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2020

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR 1.S.Radhika Malini 2.G.Saminathan ... Applicants Vs.

Barath Building Construction (I) Pvt. Ltd., Door No.20, Mylai Ranganathan Street, T.Nagar, Chennai - 600 017.

Represented by its Managing Director ... Respondent Original Application filed under Order XIV Rule 8 of O.S. Rules read with Section 9 of Arbitration & Conciliation Act, 1996, to pass an order of interim injunction restraining the respondent, their agents and men from in any manner mortgaging, alienating or creating any encumbrances of third party interests in respect of the immovable property set out in the schedule property pending disposal of the Arbitration Proceedings. For Applicants : Mr.S.Ravi for M/s.Gupta and Ravi For Respondent : No appearance Page 1/4

O R D E R

This Original Application has been filed to pass an order of interim injunction restraining the respondent, their agents and men, from in any manner, mortgaging, alienating or creating any encumbrance of third party interests in respect of the immovable property set out in the schedule property pending disposal of the Arbitration Proceedings. 2.Today, when the matter was taken up for hearing through video conferencing, the learned counsel appearing for the applicants submitted that the arbitration proceedings is now pending and prayed that the applicant may be granted liberty to approach the Arbitral Tribunal under Section 17 of the Arbitration & Conciliation Act, 1996. 3.It is needless to state that such an exercise is always open to the applicant. In view of the above submission made by the learned counsel for the applicant, no further orders are required to be passed in this application. Page 2/4

Accordingly, this application is closed with liberty to the applicant to work out his remedy before the learned Arbitrator. 28.07.2020 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order Page 3/4

N. SATHISH KUMAR, J.

mkn 28.07.2020 Page 4/4