M/S.Quality Roller Flour Mills ... vs R.Gopalakrishnan
2021 Latest Caselaw 22681 Mad

                                                                             O.S.A.(CAD).No.112 of 2021

                                        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATE: 18.11.2021

                                                             CORAM:

                           THE HON'BLE MR. JUSTICE M.DURAISWAMY, ACTING CHIEF JUSTICE
                                                      AND
                                THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                                    O.S.A.(CAD).No.112 of 2021
                                                    and C.M.P.No.18538 of 2021


                     M/s.Quality Roller Flour Mills Private Ltd.,
                     rep by its Managing Director – A Ganesh Rajah,
                     having Office at No.558, Anna Salai,
                     Teynampet, Chennai – 600 018.                                     ... Appellant
                                                           Vs.

                     1.R.Gopalakrishnan
                     2.G.Nithya
                     3.M/s.Balarama Krishna Flour Mills,
                       rep by its Partner A.Ganesh Rajah
                     4.A.Ganesh Rajah
                     5.Vijita Jagadeesh                                                ... Respondents


                                  Original Side Appeal filed under Section 13 of the Commercial Courts
                     Act against the order and decreetal order dated 27.08.2021 made in
                     A.No.436 of 2021 in C.S.No.46 of 2021.
                                  For Appellant       : Mr.P.B.Balaji
                                  For Respondents     : Mr.K.S.Ganesh Baby (R1 & R2)
                                                       R3 to R5 – given up




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https://www.mhc.tn.gov.in/judis
                                                                              O.S.A.(CAD).No.112 of 2021

                                                          JUDGMENT

(Judgment was delivered by M.DURAISWAMY, ACJ.)

Heard Mr.P.B.Balaji, learned counsel appearing for the appellant and

Mr.K.S.Ganesh Babu, learned counsel appearing for the respondents 1 & 2.

2.Mr.P.B.Balaji, learned counsel appearing for the appellant

submitted that the appellant has no intention to alienate the property

sought to be attached in Application No.436 of 2021 in C.S.No.46 of 2021 till

the disposal of the suit.

3.The learned counsel for the appellant further submitted that the

appellant is giving up the respondents 3 to 5 in the appeal.

4.Mr.K.S.Ganesh Babu, learned counsel appearing for the respondents

1 & 2 submitted that since the appellant has no intention to alienate the

property till the disposal of the suit, the said submission may be recorded

and the present appeal may be disposed of.

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5.In view of the submissions made by the learned counsel on either

side, since the learned counsel for the appellant has stated that the

appellant has no intention to alienate the property, recording the said

submission, the order impugned in the above Original Side Appeal is

modified to the effect that the appellant shall not alienate the property till

the disposal of the suit in C.S.No.46 of 2021.

6.For the reasons stated above, the Original Side Appeal is disposed

of with the above modification. No costs. Consequently, the connected

miscellaneous petition is closed.

                     Index         : Yes/No                             [M.D., ACJ.] [J.S.N.P., J.]
                     va                                                          18.11.2021




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https://www.mhc.tn.gov.in/judis O.S.A.(CAD).No.112 of 2021

M.DURAISWAMY, ACJ.

and J.SATHYA NARAYANA PRASAD, J.

va

O.S.A.(CAD).No.112 of 2021 and C.M.P.No.18538 of 2021

18.11.2021

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