Sumeru Developers v. Siva

Original Application No.670 of 2024 ABDUL QUDDHOSE, J.

M/s.Sumeru Developers, Chennai.

.. Applicant Vs.

Siva and 2 others .. Respondents This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, (in short "the Act") seeking for an order of interim injunction to restrain the respondents from alienating/encumbering the property morefully described in the schedule to the Judges Summons.

2. The applicant is having the benefit of interim order till date. The learned counsel for the respondents on instructions submits that the respondents are willing to execute the sale deed in favour of the applicant, provided the applicant pays the balance sale consideration as per the sale agreements entered between the parties. 1/4

3. The learned counsel for the applicant on instructions submits that the applicant is willing to purchase the property by paying the balance sale consideration, provided the respondents make arrangements for the sale of the property by actual owners of the property morefully described in the schedule to the Judges Summons, within a period of four weeks from today. The said undertaking given by both the counsels is recorded by this Court. In view of the same, the following directions are issued:- (a) The respondents shall positively make arrangements to make the actual owners of the property morefully described in the schedule to the Judges Summons to execute the sale deed in favour of the applicant within a period of four weeks from the date of receipt of a copy of this order.

(b) As per the agreements of sale entered into between the parties, the applicant shall pay the balance sale consideration on the date of registration of sale deed.

(c) Interim injunction already granted by this 2/4

Court on 19.09.2024 shall stand extended for a period of four weeks to enable the respondents to execute the sale deed in favour of the applicant on receipt of the balance sale consideration as per the sale agreements entered between the parties.

(d) In case of any default in the commitment made by the respective parties, which has been recorded by this Court today, the aggrieved party is granted liberty to approach this Court once again by filing a fresh application under Section 9 of the Act. With the above directions, this application is disposed of. 17.02.2025 rkm 3/4

ABDUL QUDDHOSE, J.

rkm Original Application No.670 of 2024 17.02.2025 4/4