Mr.Dv.Karunaakar, S/O.D.C.Krishnaswamy, v. M/S.Saachee, A Partnership Firm Rep.By Mr.Raju Ram,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 8/9/2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR D.V.Karunaakar ...
Applicant in both the applications Vs
1. M/s. Saachee A partnership firm rep. By Mr.Raju Ram
2. Raju Ram
3. Radha Devi ...
Respondents in both the applications Prayer in O.A.No.229 of 2020: Application filed under XIV Rule 8 of Original Side Rules, 1956 r/w. Section 9 of the Arbitration and Conciliation Act, 1996, to grant an order of ad-interim injunction restraining the respondents, their men, agents, servants and subordinates from in any manner, illegally entering or attempting to enter or otherwise disturb the peaceful enjoyment and possession of the premises of the applicant.
Prayer in A.No.1690 of 2019: Application filed under Order XIV Rule 8 of the Original Side Rules r/w. Section 9 of the Arbitration and Conciliation Act, 1996 to direct the respondents to furnish security to the extent of Rs.20,00,000/- (Rupees twenty lakhs) in default, whereof, direct attachment of the movable properties lying in the property, morefully set out in the Schedule of property in Judges Summons.
For applicant ...
Mr.Sharath Chandran For respondents ...
Mr.J.Kamaraj For Advocate Commissioner ...
Mr.J.Jayan - - - - - - C O M M O N O R D E R In pursuant to the order of this Court, dated 3/9/2020, the second respondent Mr.Rajuram, Managing Partner of M/s.Saachee, has filed an affidavit admitting that he will pay the claim amount of Rs.20,00,000/- after removing and selling the dress materials kept inside the subject premises.
2. Having regard to the above, permission is given to the second respondent to remove all the textile goods and deposit Rs.20 lakhs, within a period of three months from today. Failing which the amount shall carry interest at the rate of 9% p.a. The second respondent is permitted to remove the textile goods in the presence of the Commissioner who has already identified the goods. He is also permitted to remove all his furnitures and fixtures in the presence of Commissioner only.
3. With the above direction, O.A.No.229 of 2020 and A.No.1690 of 2020 are disposed of. Both sides are directed to pay an additional remuneration of Rs.20,000/- (Rupees Twenty thousand only) to the Advocate Commissioner.
8/9/2020 mvs.
N.SATHISH KUMAR,J mvs.
a n d 8/9/2020