T.Shanthilal Jain Kothari v. M/S.Gapri Global Capital Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.18749, 18747 and 18745 of 2025 1.T.Shanthilal Jain Kothari 2.Bhimraj Kothari 3.Manish Kumar Kothari 4.Amit Kothari 5.Sumit Kothari 6.Goutham Chand Kothari ...

Petitioners vs.

1.M/s.Capri Global Capital Limited, rep. by its Authorised Officer, No.502, Tower-A, Peninsula Business Park, Senapati Bapat Marg, Lower Parel, Mumbai-400 013.

2.M/s.Lakshmi Royal Home Constructions, A Registered Partnership Firm, G10 & G11, Bhanu Enclave, Beside ESI Hospital, Erragadda, Hyderabad, Telangana-500 038.

3.P.Nithin 4.D.V.Sudhakar 5.M/s.Lakshmi Royal Home Constructions LLP, A Limited Liability Partnership, rep. by its Partner Nalini Rani Galla, Door No.7, 1 643/2, G10 & G11, Bhanu Enclave, Beside ESI Hospital, Erragadda, Hyderabad, Telangana-500 038.

6.T.Naveen, Partner - M/s.Lakshmi Royal Home Constructions LLP, Door No.7, 1 643/2, G10 & G11, Bhanu Enclave, Beside ESI Hospital, Erragadda, Hyderabad, Telangana-500 038.

7.M/s.Sivaji & Co., rep. by its Partner S.N.Sivakumar, No.6, O.A. Ramasamy Street, Gandhi Nagar, Erode-635 009.

...

Respondents Prayer : Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for records of the first respondent culminating in Sale Certificate dated 21.02.2025 issued by the first respondent in favour of the seventh respondent and quash the same and consequently direct the first respondent to issue No Objection Certificate in respect of the 22 Apartments purchased by the petitioners.

For Petitioners Mr.P.V.Balasubramaniam Senior Advocate for Mr.Rishab R.Jain For Respondents Mr.Srinath Sridevan Senior Advocate for Mr.P.S.Sashank for M/s.R & P Partners for respondent No.1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petition was heard for some time. Shri Balasubramaniam sought leave to withdraw the petition with liberty to adopt such other proceedings, including filing of a suit, as may be advised.

2. Petition is dismissed as withdrawn with liberty as prayed. There shall be no order as to costs.

W.M.P.No.18745 of 2025 filed to permit petitioners to file a single writ petition is ordered, inasmuch as petitioners have paid separate court-

fees. Other interim applications stand closed. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 29.04.2025 Index :

Yes/No NC :

Yes/No bbr THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ ,J.

bbr 29.04.2025