M/S.Aditya Real Estates vs Vasai Housing Infrastructure Ltd
2023 Latest Caselaw 488 Mad

                                                                                C.S.No.376 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 09.01.2023

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                                 C.S.No.376 of 2014
                     M/s.Aditya Real Estates,
                     Rep. By its Proprietor Manish Agarwal,
                     19/20, General Muthiah Mudali Street,
                     Chennai – 600 079.                                          ... Plaintiff
                                                         Vs.
                     1. Vasai Housing Infrastructure Ltd.,
                       Rep. By its Director P.Ravindranath,
                       No.8-A, Kandasamy St, R.A.Puram, Chennai – 600 028.

                     2. Rekha Balan

                     3. Ravirajan Kandaswamy                                     ... Defendants

                     Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original
                     Side Rules read with Order VII Rule 1 of C.P.C. 1908, praying for a
                     Judgment and Decree,
                     a) directing the defendants to specifically perform the two Agreements for
                     Sale dated 22.11.2010 for undivided share in land and two Construction
                     Agreements dated 15.04.2011 for construction of flat, relating to the suit
                     Schedule B properties by executing an registering Sale Deed/s conveying
                     three portions of undivided shares mentioned in Schedule B to the plaint in
                     favour of the plaintiff and construct the three flats mentioned in schedule B


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                                                                                         C.S.No.376 of 2014

                     to the plaint.
                     In the alternative
                                  Directing the defendants to pay to the plaintiff the sum of
                     Rs.1,18,84,950.00 being return of total amount of Rs.77,17,500.00 and
                     Rs.41,67,450.00 being compensation at 18% p.a. till the date of the plaint
                     and compensation on Rs.77,17,500.00 at 18% p.a from the date of plaint till
                     payment of realization;
                                  b) Granting permanent injunction retraining the defendants or any
                     person/s claiming through or under them from in any manner alienating or
                     encumbering the suit schedule B properties;
                                  c) directing the defendants to pay cost of the suit.

                                  For Plaintiff              : No appearance
                                  For Defendants             : M/s.T.M.Naidu & Co
                                                               for D2 and D3

                                                        JUDGMENT

There is no representation for the plaintiff consecutively for the last few

occasions, which implies that the plaintiff is not interested in pursuing the

matter. In such view of the matter, the civil suit is dismissed for default. No

costs.

09.01.2023 vum Index : yes / no Speaking / non speaking N.SESHASAYEE

https://www.mhc.tn.gov.in/judis C.S.No.376 of 2014

vum

C.S.No.376 of 2014

09.01.2023

https://www.mhc.tn.gov.in/judis