M/S. Doshi Constructions v. M/S. Mec International Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2017 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM O.S.A. Nos.259, 260 and 262 of 2012 M/s.Doshi Constructions Rep. by its Partner, Mr.Harshad V.Doshi.
... Appellant in all OSAs -Vs1. M/s.MEC International Pvt. Ltd.
2. Elroi Management Consultant
3. Dhanam Enterprises,
4. Unifrieght India Pvt. Ltd.,
5. Abhirami Enterprises
6. Joyco India Pvt.Ltd.
7. Piyesta Furniture Pvt. Ltd.
8. Damro Exports Pvt. Ltd.
9. Frito Lay India Ltd.
10.BEL Ceramics Ltd.
11.Crompton Greaves (Consumer Care Centre), Chennai 600 026.
12.I.F.B.Industries Ltd.
13.Godrej Industries Ltd.
14.CIBA Industries Ltd.
15.Hawkins Cooker Ltd.
16.Video Jet Technology India Pvt. Ltd.
17.Maratha Electric India Pvt. Ltd.
18.Boxter India Pvt. Ltd.
19.S.R.Laboratories 20.Paraj Trust 21.Kanad Ceramic Tiles 22.Electrolux Kelvinator Ltd.
23.Euro Tiles Shop 24.Safari Ceramics 25.A.T.E. Enterprises 26.Vaigai Sanitation Pvt. Ltd.
27.S.R.P. Enterprises
28.Acqua Line 29.Ajitha Sil Chem Pvt Ltd.
30.Gepton Car Care 31.Vijay Dresses 32.M/s.Bangalore Iyengar Backery 33.M/s.Balaji Backery 34.M/s.S.M.S. Bucary Wakf Al Aulad Estate, Rep. By its Muthavali, S.M.S.Kalavath Syed Abdul Khader.
... Respondents in all OSAs.
Appeals filed under Order 36 Rule 1 of O.S. Rules read with Clause 15 of Letters Patent against the common order dated 31.01.2012 passed in O.A.Nos.685 and 686 of 2010 and A.No.3059 of 2010 in C.S.No.574 of 2010 on the file of original side of this Court.
O.A.Nos.685 and 686 of 2010 and A.No.3059 of 2010 Original Application praying that this Court be pleased to pass an order of ad-interim injunction restraining the Respondents 1 to 33/Defendants 1 to 33, their men, agents, staff, subordinates or anybody claiming through or on behalf of them from in any way dealing with the suit schedule A property either by way of construction or inducting any sub-tenants or past with possession of the suit property.(In O.A. No.685 of 2010) Original Application praying that this Court be pleased to pass an order of ad-interim injunction restraining the 1st Respondent, his men, agent, staff from in any way interfering/ dealing with the peaceful possession and enjoyment of the 'B' Schedule property.(In O.A.No.686 of 2010) Application praying that this Court be pleased to direct the Respondents 1 to 33/Defendants 1 to 33 to deposit the rents into the credit of the above suit till disposal of suit(In A.No.3059 of 2010) respectively.
For Appellant :
Mr.Satish Parasaran, Senior Counsel for Mr.R.Parthasarathy For Respondents :
Mr.P.S.Raman, Senior Counsel for M/s.K.V.Bhashyam Chari for R-1 :
For RR 2 to 34 given up in all OSAs COMMON JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice) It is agreed that the appeals be disposed of in the following terms:
i. Any fresh tenants inducted by the first respondent would be only with advance intimation to the appellant and the lease deed be filed before the learned Single Judge; ii.The rights of the first respondent of lease are only till 31.12.2018 and thus, any sub-lease granted would have to be, at best, coterminus with the said date and not beyond that date;
iii.The learned Single Judge to look into the issue of expedition of trial considering the limited scope of the controversy.
Original Side Appeals, accordingly, stand disposed of in the aforesaid terms. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra To The Sub Assistant Registrar, Original Side, Madras High Court, Chennai.
+1cc to Mr.R.Parthasarathy, Advocate, S.R.No.4002 +1cc to Mr.K.V.Bhashyam Chari, Advocate, S.R.No.3571 O.S.A.Nos.259, 260 and NM(CO) CA(31/01/2017)