Mahendra Shanmuganathan v. Sree Srinivasa Constructions

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.12.2021 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR and Sub. Appl.No. 303 of 2021 Mahendra Shanmuganathan, No.112, Curtin Avenue, North Wahroonga, NSW 2076, Sydney, Astralia . . . Petitioner

Versus

1. M/s. Sree Srinivasa Constructions by its Authorised Signatory D.Kiran Kumar Reddy having Registered Office at Plot No.35, Street No.3 Sagar Co-operative Housing Society, Road No.2, Banjara Hills, Hyderabad. . . . Respondent/ Applicant And Branch Office at Cresent Heights, Oppo. to St.Joseph's Engineering College, Old Mahabalipuram Road, Chemmencheri, Chennai - 600 119.

2. Shyamala Kumari

3. Vijayendra Shanmuganathan . . . Respondents 2 & 3 PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to issue notice to the respondents as to why they should not Page No:1/3

be punished for having committed contempt of this Court's order dated 01.07.2021 passed in O.A.No.200 of 2021 and punish the respondents for thier wilful disobedience.

For Petitioner : Mr.K.V.Babu For Respondents : Mr. T.S.Thevaraj for R1 : Mrs. Chitra Sampath Senior Counsel for Mrs.R.Srividhya for R2 & R3 - - - - -

O R D E R

This Contempt Petition has been filed to punish the respondents for the willful disobedience of the order dated 01.07.2021 made in O.A.No.200 of 2021.

2. This Court vide order dated 29.11.2021 appointed an Advocate Commissioner to inspect the premises and verify the current status of the premises, pursuant to which, the Advocate Commissioner inspected the premisses and filed his report dated 14.12.2021. The same indicates that except one flat, other flats are not in occupation. It is also stated in the report that some of the flats are in very bad and damaged condition, due to rain. In such view of the matter, the interior work of the flats shall be continued, but it is made clear that till the arbitration proceedings is completed, the flats shall not be let out to anyone.

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In the above circumstances, no further order is required in this matter. Hence, this Contempt petition is closed. The parties shall work out their remedy before the learned Arbitrator. Consequently, connected sub application is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) gpa/gba //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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