Mr.William Carry D v. M/S.Cholamandalam Investment
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2020 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.7160 of 2018 in Application No.6540 of 2018 1.William Carry, D.
No.30, Soundarya Nagar, Gowrivakkam, Tambaram - 600 073.
2.Sophia Evelyn, W.
No.30, Soundarya Nagar, Gowrivakkam, Tambaram - 600 073.
...Applicants / Respondents versus M/s.Cholamandalam Investment and Finance Company Limited, Registered Office at No.2, 1st Floor, Dare House, N.S.C.Bose Road, Parrys, Chennai - 600 001.
Represented by its Manager Legal, M.Vasanth
...Respondent/ Applicant
Prayer: Application filed under Order XIV Rule 8 of Original Side Rules and Section 9(2)(b) and (e) of the Arbitration and Conciliation Act, 1996 Section 136 of Code of Civil Procedure Code, 1908, to stay of the proceedings of the Advocate Commissioner in respect to take physical possession of the property situated at all that piece and portion of the land and building measuring an extent of 125 sq.mtr. or 1346 sq.ft. comprised in Natham old Survey No.26A/part, New Survey No.26A/11 & Manaivari
/ 2 / Thorya patta No.267, as per plan approval has been given till G+2 measuring an extent of 2394 sq.ft. but till present date constructed area is 1596 sq.ft whereas ground floor consist of 798 sq.ft. and first floor consist of 798 sq.ft. situated at Rajakilpakkam Village in Anna Street, Tambaram Taluk, Kancheepuram District and morefully described in the schedule to the Judges Summons and permit the Advocate Commissioner to obtain the police aid and break open the premises of the said property. For Respondent : Mr.M.Arunachalam
O R D E R
This application has been filed by the applicants to stay of the proceedings of the Advocate Commissioner in respect to take physical possession of the property situated at all that piece and portion of the land and building measuring an extent of 125 sq.mtr. or 1346 sq.ft. comprised in Natham old Survey No.26A/part, New Survey No.26A/11 & Manaivari Thorya patta No.267, as per plan approval has been given till G+2 measuring an extent of 2394 sq.ft. but till present date constructed area is 1596 sq.ft whereas ground floor consist of 798 sq.ft. and first floor consist of 798 sq.ft. situated at Rajakilpakkam Village in Anna Street, Tambaram Taluk, Kancheepuram District and morefully described in the schedule to the Judges Summons and permit the Advocate Commissioner to obtain the police aid and break open the premises of the said property.
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2. The learned counsel appearing for the applicant in Application No.6540 of 2018 submitted through video conferencing that the matter has been settled between the parties.
3. In such view of the matter, nothing survives for further adjudication and hence, this application is closed. Sd/.N.S.K.J.
09.07.2020 //Certified to be a true copy// Dated this the day of 2020.
SU/12.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.