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Madras High CourtA/5208/2025disposed of

Savithri Naidu v. M/S. Landmark Housing Projects Chennai Pvt. Ltd.

2025-10-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH in EP.DR.No.56068 of 2025 1.Savithri Naidu 2.Rajiv Naidu 3.Vikram Naidu 4.M/s.Match Point Tennis Academy Rep by its Managing Director Mr.Rajiv Naidu Residing at 7, I Avenue, Sasthri Nagar Adyar, Chennai - 600 020.

.... Applicants Vs 1.M/s.Landmark Housing Projects Chennai Pvt. Ltd. Represented by its Managing Director Mr.T.Udayakumar Office at No.27, Saravana Street T.Nagar, Chennai - 600 017, TN.

2.R.Venkatraman 3.T.Udayakumar 4.Bhuvaneswari Udayakumar .... Respondents Prayer : Application filed under Order XIV Rule 8 of OS Rules r/w. Order I Rule 10(1) of CPC praying to implead respondents 3 and 4 as proper and necessary parties to the present Execution Petition. 1/4

For Applicants : Mr.Nithyaesh Natraj of M/s.Nithyaesh and Vaibhav For Respondents : Mr.B.Thilak Narayanan for R1

ORDER

This application has been filed for impleading the third and fourth respondents as parties in the execution petition.

2. The above application has been filed on the ground that the third and fourth respondents were not parties to arbitral proceedings and pursuant to the award passed, they entered into a Memorandum of Compromise dated 04.08.2024 with the petitioners, and the third and fourth respondents also undertook to satisfy the debts of the first respondent company. After having given such undertaking, the third and fourth respondents were attempting to encumber the property and hence, an execution petition has been filed.

3. Since the third and fourth respondents were not parties in the arbitral proceedings, the present application was filed to implead them as respondents in the execution petition.

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4. This Court is prima facie satisfied that the third and fourth respondents are necessary parties in the execution petition, in the light of the Memorandum of Compromise dated 04.08.2024. Hence, this application is allowed.

5. It goes without saying, if the third and fourth respondents have any objections, it will be left open to them to take their stand, after notice in the main execution petition is served on them.

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N. ANAND VENKATESH., J ds in EP.DR.No.56068 of 2025 25.10.2025 4/4