Madras High CourtA/6196/2019ordered

M/S.Vgn Property Developers Pvt. Ltd. v. Mrs.Vanjulavalli And 5 Others

2019-09-06Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 06TH DAY OF SEPTEMBER 2019 THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM A.No.6196 of 2019 in E.P.NO.149 of 2017 Award dated 04.01.2017 (Before the Arbitral Forum at Chennai) THE HON'NLE MR.JUSTICE K.VENKATARAMAN(RETD.)(ARBITRATOR APPOINTD BY THE HIGH COURT IN SUIT, O.P.NO.49 OF 2014) Under the Arbitration and Conciliation Act, 1996 In the matter of Arbitration and conciliation Act, 1996 And In the matter of Agreeement dated 25.06.2010 E.P.No.149 of 2017:

M/S VGN DEVELOPERS PVT LTD.

(FORMERLY KNOWN AS M/s.VGN Developers Private Limited, Rep by its Authorized Signatory Peter Deva Sagaya Rajan, S/O Mr.R.Karthigaivel, Legal Officer, No.153, Wallace Garden, 2nd st, Nungambakkam, Chennai-600 006.

..Claimants/Deree-Holder -VS1.MRS.VANJULAVALLI W/O T.R.Sundarajan, No.160,

2. MR.S.NARSIMHAN, Trichy-620 006, (Bachelor-expired represented by legal representatives Respondents R1 and R3 mother and brother)

3. MR.S.RAJKUMAR

4. M/S ROYAALE CHENNAI REALTORS, LVT Centre, New No.7, Old No.4, Seshadri Road, Alwarpet, Chennai - 600 018.

5. MR.B.SATHYANARAYANAN Currently residing at:

L66 L block, 24th Street, Anna Nagar East Chennai-600 102 also at : LVR Centre, No.7,Old No.4, Seshadri Road, Alwarpet, Chennai-600 018

M/S VGN DEVELOPERS PVT LTD.

(FORMERLY KNOWN AS M/s.VGN Developers Private Limited, Rep by its Authorized Signatory Peter Devasagayam, S/O Mr.R.Karthigaivel, Legal Officer, No.15, Wallace, Garden, 2nd st, Nungambakkam, Chennai-600 006.

..Applicant/Applicant -VS1.MRS.VANJULAVALLI W/O T.R.Sundarajan, No.160,

2. MR.S.NARSIMHAN, Trichy-620 006, represented by legal representatives Respondents R1 and R3 mother and brother

3. MR.S.RAJKUMAR

..Respondents /Respondents

4. M/S ROYAALE CHENNAI REALTORS, LVT Centre, New No.7, Old No.4, Seshadri Road, Alwarpet, Chennai - 600 018.

5. MR.B.SATHYANARAYANAN Currently at L66 L block, 24th Street, Anna Nagar East Chennai-600 102 also at : LVR Centre, No.7,Old No.4, Seshadri Road, Alwarpet, Chennai-18 ..Respondents /Respondents

6. B.KUMARAVEL PANDIAN Currently residing at Sai Kranthi, 31/15, 3rd Main Road, Raja Annamalaipuram, Chennai, Also at LVR Centre, New No. 7, old No.4, Seshadri Road, Alwarpet, Chennai-18 ..Respondents /Respondents This application praying that this Honble Court be pleased to direct the Learned Master, High Court, of Judicature at Madras to dispose of the E.P.No.149 of 2017 filed on 26/10/2017.

This application coming on this day before this Court for hearing the court made the following oder: This application has been filed seeking direction to the learned Master, High Court of Judicature, to dispose of E.P.No.149 of 2017 filed on 26.10.2017.

2.Learned counsel for the applicant would state that though the award has been passed in the month of January 2017, Execution Petition is pending for the past two years without any progress and hence the learned counsel seeks direction to dispose of the Execution Petition, within a period of four weeks.

3.Learned counsel for the respondent would submit

that challenging the award, the respondent had already filed O.P.No.241 of 2018 and he seeks time to file counter.

4. It is not in dispute that Execution petition has been pending for the past two and half years and if the respondent, is having any valid defence, let it be considered by the learned Master.

5.Learned Master is directed to dispose of the Execution Petition No.149 of 2017 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. This Application is ordered on the above terms. Sd/. M.K.K.S.J 06.09.2019 //Certified to be a true copy// Dated this the day of 2019.

S.U./18.09.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.