Hiranandani Developers Private ... vs Chennai Hiranandani Residents Welfare ...
2024 Latest Caselaw 17256 Mad

Madras High Court

Hiranandani Developers Private ... vs Chennai Hiranandani Residents Welfare ... on 2 September, 2024

Author: S.S. Sundar

Bench: S.S. Sundar, D. Bharatha Chakravarthy

                                                                            Rev.Appl.No.178 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 02.09.2024

                                                     CORAM :

                                  THE HONOURABLE MR. JUSTICE S.S. SUNDAR
                                                       AND
                   THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY

                                              Rev.Appl.No.178 of 2024
                                                        and
                                       C.M.P.Nos.12436, 12437 & 12438 of 2024

                   Hiranandani Developers Private Limited,
                   1st Floor, Olympia, Central Avenue,
                   Hiranandani Business Park, Hiranandani
                   Gardens, Powai, Mumbai – 400 076.
                   Also at :
                   Chennai Office, 5/63, Old Mahabalipuram Road,
                   Opp. SIPCOT IT Park, Egattur Village,
                   Chennai – 600 130.                                              ... Applicant


                                                        Vs.

                   1.Chennai Hiranandani Residents Welfare Association,
                     Represented by its Authorised Signatory,
                     Regd. Office : Ground Floor, Amalfi Tower,
                     House of Hiranandani, 5/63, Rajiv Gandhi Salai,
                     Egattur, Chennai – 600 130.




                   Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                              Rev.Appl.No.178 of 2024

                   2.The Secretary,
                     Housing and Urban Development Department,
                     State of Tamil Nadu,
                     Secretariat, Chennai – 600 009.

                   3.Directorate of Town and Country Planning,
                     124, GST Road, Periyar Shopping Complex,
                     Chengalpattu – 603 001.                                     ... Respondents


                   Prayer : Review Application filed under Order 47 Rule 1 read with Section 114
                   of Code of Civil Procedure to review the order dated 08.04.2024 made in
                   W.A.No.3328 of 2023.

                                  For Applicant    :    Mr.P.H.Arvinth Pandian
                                                        Senior Counsel
                                                        for M/s.Fox Mandal and Associates

                                  For R1           :    Mr.K.Ravi
                                                        Senior Counsel
                                                        for Mr.Rahul Balaji


                                                       ORDER

(Order of the Court was made by S.S. SUNDAR, J.) (Through video conferencing)

This Review Application is filed to review the judgment dated

08.04.2024 in W.A.No.3328 of 2023.

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

2.Even though the matter was heard at length on merits and this Court

gave an opportunity for the parties to settle the issues, as this Court sincerely

felt that there is an element of settlement, it is reported that the scope for

settlement has faded after negotiation. It is in the said circumstances,

Mr.P.H.Arvinth Pandian, learned Senior Counsel appearing for the counsel on

record for the review petitioner, seeks permission of this Court to withdraw the

Review Application. He has filed a memo of withdrawal, dated 02.09.2024, to

take the memo on record as the review petitioner is withdrawing the review

application in Rev.Appl.No.178 of 2024. Learned counsel on record for the

review petitioner has also made an endorsement to that effect. In Clause 3 of

the memo, it is stated that the withdrawal is without prejudice to the review

petitioner's efforts to arrive at a consensus independently with the association of

owners, allottees of plots, since, according to the petitioner, a few of them

approached the review petitioner for an amicable settlement.

3.Therefore, this Review Application is dismissed as withdrawn

accepting the memo of withdrawal dated 02.09.2024 and the endorsement made

by the learned counsel for the review petitioner. No costs. Consequently,

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

connected miscellaneous petitions are closed.

                                                                   (S.S.S.R., J.)    (D.B.C., J.)
                                                                            02.09.2024
                   mkn

                   Internet : Yes
                   Index : Yes / No
                   Neutral Citation : Yes / No

                   To

                   1.The Secretary,

Housing and Urban Development Department, State of Tamil Nadu, Secretariat, Chennai – 600 009.

2.Directorate of Town and Country Planning, 124, GST Road, Periyar Shopping Complex, Chengalpattu – 603 001.

S.S. SUNDAR, J.

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

and D. BHARATHA CHAKRAVARTHY, J.

mkn

02.09.2024

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