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Madras High CourtREV.APPL/178/2024withdrawn dismissed

Hiranandani Developers Pvt Ltd., v. Chennai Hiranandani Residents Welfare Association

2024-09-02Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY and C.M.P.Nos.12436, 12437 & 12438 of 2024 Hiranandani Developers Private Limited, 1st Floor, Olympia, Central Avenue, Hiranandani Business Park, Hiranandani Gardens, Powai, Mumbai - 400 076.

Also at :

Chennai Office, 5/63, Old Mahabalipuram Road, Opp. SIPCOT IT Park, Egattur Village, Chennai - 600 130.

... Applicant Vs.

1.Chennai Hiranandani Residents Welfare Association, Represented by its Authorised Signatory, Regd. Office : Ground Floor, Amalfi Tower, House of Hiranandani, 5/63, Rajiv Gandhi Salai, Egattur, Chennai - 600 130.

2.The Secretary, Housing and Urban Development Department, State of Tamil Nadu, Secretariat, Chennai - 600 009.

3.Directorate of Town and Country Planning, 124, GST Road, Periyar Shopping Complex, Chengalpattu - 603 001.

... Respondents Prayer : Review Application filed under Order 47 Rule 1 read with Section 114 of Code of Civil Procedure to review the order dated 08.04.2024 made in W.A.No.3328 of 2023.

For Applicant :

Mr.P.H.Arvinth Pandian Senior Counsel for M/s.Fox Mandal and Associates For R1 :

Mr.K.Ravi Senior Counsel for Mr.Rahul Balaji

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) (Through video conferencing) This Review Application is filed to review the judgment dated 08.04.2024 in W.A.No.3328 of 2023.

2.Even though the matter was heard at length on merits and this Court gave an opportunity for the parties to settle the issues, as this Court sincerely felt that there is an element of settlement, it is reported that the scope for settlement has faded after negotiation. It is in the said circumstances, Mr.P.H.Arvinth Pandian, learned Senior Counsel appearing for the counsel on record for the review petitioner, seeks permission of this Court to withdraw the Review Application. He has filed a memo of withdrawal, dated 02.09.2024, to take the memo on record as the review petitioner is withdrawing the review application in Rev.Appl.No.178 of 2024. Learned counsel on record for the review petitioner has also made an endorsement to that effect.

In Clause 3 of the memo, it is stated that the withdrawal is without prejudice to the review petitioner's efforts to arrive at a consensus independently with the association of owners, allottees of plots, since, according to the petitioner, a few of them approached the review petitioner for an amicable settlement. 3.Therefore, this Review Application is dismissed as withdrawn accepting the memo of withdrawal dated 02.09.2024 and the endorsement made by the learned counsel for the review petitioner. No costs.

connected miscellaneous petitions are closed. (S.S.S.R., J.) (D.B.C., J.) 02.09.2024 mkn Internet : Yes Index : Yes / No To 1.The Secretary, Housing and Urban Development Department, State of Tamil Nadu, Secretariat, Chennai - 600 009.

2.Directorate of Town and Country Planning, 124, GST Road, Periyar Shopping Complex, Chengalpattu - 603 001.

S.S. SUNDAR , J.

and D. BHARATHA CHAKRAVARTHY , J.

mkn 02.09.2024