M/S.Adyar Ananda Bhavan v. M/S.Hot Chips Restaurants

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN O.S.A.No.151 of 2016

1. Adyar Ananda Bhavan Sweets and Snacks a Partnership Firm rep. by its Partner, Mr.K.T.Venkatesan having office at No.9, 4th Street Parameshwari Nagar, Adyar Chennai - 600 020.

2. Adyar Ananda Bhavan Sweets India Private Limited rep. by its Director, Mr.K.T.Venkatesan having registered office at No.9, M.G.Road, Sastri Nagar Adyar, Chennai - 600 020.

.. Appellants/Defendants 1,2 Vs.

1. Hot Chips Restaurants (P) Ltd.

rep. by its Managing Director, Mr.R.Vasudevan having its registered office at No.1, First Floor, Srijees Flats, 177 Avvai Shanmugham Salai, Royapettah Chennai - 600 014.

2. Indian Railways Catering and Tourism Corporation Limited having its office at 6A The Rain Tree Place No.9, Mc Nichols Road Chennai - 600 031.

.. Respondents/Plaintiff / 3rd Defendant PRAYER: Appeal filed against the fair and decretal order dated 1.6.2016 in O.A.No.219 of 2016 in C.S.No.174 of 2016. OA.No.219/16: Original Application praying that this Hon'ble Court be pleased to grant an order of ad-interim injunction restraining the respondents, their men, agents, servants or any one claiming under them or acting on their behalf from in any way interfere with the peaceful possession and enjoyment of the property more fully described in the schedule here under either https://hcservices.ecourts.gov.in/hcservices/

by way of preventing the applicant / plaintiff from running the business either by way of cutting electricity connection or in any other manner whatsoever pending disposal of the above Suit in CS.No.174/16.

For Appellants : Mr.K.Ramu For Respondents : Mr.R.Krishnamoorthy Senior Counsel for Mr.C.Umashankar for 1st respondent Mr.V.G.Suresh Kumar for 2nd respondent

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) The undertaking filed in the suit itself has been accepted and, thus, the appeal is disposed of as compromised in terms of what is recorded in the order dated 30.8.2016 and the first respondent will remain bound by the undertaking. The appeal stands disposed of. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To The Sub Assistant Registrar, Original Side, High Court, Madras.

+2 cc's to Mr.K.Ramu,advocate,sr.51555.

+1 cc to Mr.C.Umashankar,advocate,sr.51667 tm(co) krd 26/9 O.S.A.No.151 of 2016 https://hcservices.ecourts.gov.in/hcservices/