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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
Landmark Metro Projects Pvt. Ltd. – Appellant
Versus
H. Sathak Ahmed Shaw – Respondent
| Table of Content |
|---|
| 1. overview of the parties and their agreements. (Para 1 , 4 , 12) |
| 2. responses citing failure to fulfill obligations. (Para 5 , 6 , 7) |
| 3. claims on developments and payments by both parties. (Para 8 , 10 , 20) |
| 4. court's assessment of prima facie case and convenience. (Para 11 , 26 , 28) |
| 5. court orders vacating interim relief and appointing arbitrator. (Para 30 , 32) |
ORDER :
2. Heard the respective learned counsel appearing on either side.
4. The facts leading to filing of these applications are as follows:
(i) The applicant is involved in developing high end commercial complexes. Respondents 1 to 10, who are members of one single family and joint owners of the subject property measuring an extent of 7.64 acres in Nerkundram, Maduravoyal, approached the applicant for construction of a modern residential complex in the subject property. The parties entered into a joint development agreement (JDA) dated 26.4.2021 and the joint owners of the subject property executed general power of attorney deeds dated 28.4.2021 in favour of the applicant to deal with the subject property and to get necessary sanction from the Appropriate Authority and the applicant was entitled to ownersh
The court determined that interim relief under the Arbitration Act requires a prima facie case and balance of convenience; in this case, the absence of a viable development plan led to vacating the i....
An arbitration application is unenforceable when filed after significant delay and in acknowledgment of prior cancellation of the agreement, thereby lacking an arbitrable dispute.
Third parties affected by Section 17 interim orders refusing possession have Section 37 locus; tribunal's blanket lien over sold flats perverse ignoring allocation confirmations and developer's knowl....
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