Eternity Developers Private Ltd, Represented By Its Managing Director Mr.Avinash Prabhu v. Dhanna Bakkiam Enterprises
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-10-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH OA No.1024 of 2025 Eternity Developers Private Ltd, Represented by its Managing Director Mr.Avinash Prabhu Having office at, No. 11, Hayes Road, Bangalore 560025 and also residing at No. 206 & 207, 2nd Floor, Sophias Choice 7/28, St. Marks Road, Bangalore 560001 Applicant(s) Vs M/s.Dhanna Bakkiam Enterprises Rep. by its Partner Mrs.Aashna Sarin and Mr.Akshay Sarin, A Partnership Firm Incorporated under The Indian Partnership Act, Having Office at No.5E, Mookambika Complex, 4, Lady Desika Road, (C.P.Ramasamy Road), Mylapore, Chennai 600 004.
2/9 Respondent(s) PRAYER Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying to pass an ad interim injunction thereby restraining the Respondent, their representatives, agents, employees, servants, nominees or anybody claiming through them, from selling, mortgaging, alienating or creating any third party right or interest or in any way dealing with constructed/to be constructed in the schedule property mentioned in the Joint Development Agreement dated 18.06.2008 and in any way dealing with assets of Respondent and or creating any third party rights or interest in any form. OA No.1025 of 2025 Skyline Constructions & Housing Private Ltd, Represented by its Managing Director Mr.Avinash Prabhu Having office at, No. 11, Hayes Road, Bangalore 560025 and also residing at No. 206 & 207, 2nd Floor, Sophias Choice 7/28, St. Marks Road, Bangalore 560001 Applicant(s) Vs
3/9 M/s.Dhanna Bakkiam Enterprises Rep. by its Partner Mrs.Aashna Sarin and Mr.Akshay Sarin, A Partnership Firm Incorporated under The Indian Partnership Act, Having Office at No.5E, Mookambika Complex, 4, Lady Desika Road, (C.P.Ramasamy Road), Mylapore, Chennai 600 004. Respondent(s) PRAYER Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying to pass an ad interim injunction thereby restraining the Respondent, their representatives, agents, employees, servants, nominees or anybody claiming through them, from selling, mortgaging, alienating or creating any third party right or interest or in any way dealing with constructed/to be constructed in the schedule property mentioned in the Joint Development Agreement dated 05.02.2007 and in any way dealing with assets of Respondent and or creating any third party rights or interest in any form. OA No.1027 of 2025 Eternity Developers Private Ltd, Represented by its Managing Director Mr.Avinash Prabhu Having office at, No. 11, Hayes Road, Bangalore 560025 and also residing at
4/9 No. 206 & 207, 2nd Floor, Sophias Choice 7/28, St. Marks Road, Bangalore 560001 Applicant(s) Vs Mr.Akshay Sarin HUF S/o.Mr.Rakesh Sarin, Residing at New No.29, Old No.15/4, Masilamani Road, Balaji Nagar, Royapettah, Chennai 600 014.
Respondent(s) PRAYER Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, praying to pass an ad interim injunction thereby restraining the Respondent, their representatives, agents, employees, servants, nominees or anybody claiming through them, from selling, mortgaging, alienating or creating any third party right or interest or in any way dealing with constructed/to be constructed in the schedule property mentioned in the Joint Development Agreement dated 02.06.2008 and in any way dealing with assets of Respondent and or creating any third party rights or interest in any form For Applicant(s):
in all Applications Mr.C.Deepak Kumar
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ORDER
These applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for an interim injunction restraining the respondents from in any manner, alienating or encumbering or creating third party rights in the subject property.
2.Heard the learned counsel for the applicants and carefully perused the materials available on record.
3.It is seen that the parties have entered into three separate Joint Development Agreements dated 05.02.2007, 02.06.2008 & 18.06.2008. For some reasons, there was a dispute between the parties and hence, a legal notice was issued by the applicants to the respondents on 20.09.2023. For that legal notice, a reply was also given by the respondents on 22.09.2025. Thereafter, the respondents did not come forward to perform their obligations under the Agreements and were attempting to create third party rights. It is under these circumstances, the present applications came to be filed before this Court.
6/9 4.In the considered view of this Court, there has been a complete lull for the period from 22.09.2023 till date. The dispute had arose as early as in September 2023 and till date, the applicants have not taken any steps to refer the dispute for arbitration. Even though, in the legal notice dated 20.09.2023, there is a passing reference that the matter will be referred to arbitration, till date no steps have been taken in that regard. In view of the same, this Court finds that there is no manifest intention to arbitrate the case. Hence, this Court is not inclined to entertain these applications. Useful reference can be made to the judgement of the Apex Court in Firm Ashok Traders and Another vs. Gurumukh Das Saluja and Others reported in 2004 3 SCC 155. 5.In view of the above, it is left open to the applicants to move Section 11 petition seeking for the appointment of an Arbitrator and workout their remedy in the manner known to law.
7/9 6.In the result, all these applications stand dismissed. No Costs. 31-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
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9/9 N.ANAND VENKATESH J.
ssr 31-10-2025