Madras High Court
M/S.Mec International Private Limited vs M/S.Doshi Constructions on 28 January, 2025
Author: S.S. Sundar
Bench: S.S. Sundar
OSA.No.146/2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2025
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE P.DHANABAL
OSA.No.146/2024 & CMP.No.18317/2024
M/s.MEC International Private Limited
[Formerly known as M/s.Madras Electrical
Conductors Private Limited]
rep.by its Sales & Marketing Executive Manager
No.6, Old No.37, Arcot Road
Vadapalani, Chennai 600 026. ... Appellant
Vs.
1.M/s.Doshi Constructions
A partnership firm registered
Under the Indian Partnership Act
having its registered office at
No.3H, Century Plaza, No.560, Teynampet
Chennai 600 018. rep.by its partner
Mr.Mehul H.Doshi.
2.Elroi Management Consultants
No.6, Old.No.37, Arcot Road
Vadapalani, Chennai 600 026.
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OSA.No.146/2024
3. Dhanam Enterprises
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
4. Unifreight India Pvt Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
5. Abhirami Enteriprises
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
6. Joyco India Pvt Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
7. Piyesta Furniture Pvt Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
8. Damro Exports Pvt Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
9. Frito Lay India Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
10. Bell Ceramics Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
11. Cromptom Greaves (customer Care Centre)
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
12. Ifb Industries Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
13. Godrej Industries Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
14. Ciba Industries Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
15. Hawkins Cooker Ltd
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OSA.No.146/2024
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
16. Video Jet Technology India Pvt Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
17. Maratha Electric India Pvt Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
18. Boxter India Pvt. Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
19. S.R. Laboratories
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
20. Paraj Trust
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
21. Kanad Ceramic Tiles
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
22. Electrolux Kelvinator Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
23. Euro Tiles Shop
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
24. Safari Ceramics
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
25. A.T.E Enterprises
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
26. Vaigai Sanitation Pvt Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
27. S.R.P Enterprises
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
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OSA.No.146/2024
28. Acqua Line
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
29. Ajitha Sil Chem Pvt Ltd
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
30. Gepton Car Care
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
31. Vijay Dresses
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
32. M/s. Bangalore Iyengar Bakery
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
33. M/s. Balaji Bakery
No.6 (Old No.37) Arcot Road, Vadapalani, Chennai - 026.
34. M/s. S.M.S Bucary Wakf Al Aulad Estate
Rep. by its Muthavalli S.M.S. Kalvath Syed Abdul Khader, No.87/42,
Swami Naicken St, Chintadripet, Chennai - 002.
... Respondents
Prayer : Original Side Appeal filed under Order 36 Rule 9 of Original Side
Rules read with Clause 15 of Letters Patent against the order passed dated
21.01.2024 in A.NO.3397/2021 in CS.No.574/2010.
For Appellant : Mr.S.Parthasarathy, Senior counsel
for M/s.Bhashyam Chari
For R1 : Mr.R.Parthasarathy, Senior counsel
for Mr.Rahul Balaji
For RR2&33 : Mr.S.R.Rajagopal, Senior counsel
for Mr.R.Harikrishnan
For R3 : Mr.V.Raghavachari, Senior counsel
for Mr.K.Krishnan
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OSA.No.146/2024
For RR5&27 : Mr.Aditya Sarangajan
JUDGMENT
[Judgment of the Court was delivered by S.S.SUNDAR, J.,]
(1)This appeal is preferred to set aside the order dated 21.01.2024 passed by
the learned Single Judge in A.No.3397/2021 in CS.No.574/2010.
(2)The 1st respondent in this appeal is the plaintiff who has filed the suit in
CS.NO.574/2010 for ejectment against the appellant herein and several
sub-tenants who have been inducted by the appellant herein. The
application in A.No.3397/2021 was filed by the plaintiff/1st respondent to
direct the appellant / 1st defendant in the suit to deposit all rents already
collected and received from sub-tenants in respect of parcels of suit
property which are taken on lease by the sub-tenants. The said
application was allowed by directing the appellant herein to deposit the
entire rental income that was accrued from the suit property from various
sub-tenants right from January 2020 onwards till date and to continue to
deposit the same to the credit of the suit until further orders.
(3)The appellant has now entered into a Compromise with the 1st
respondent / plaintiff. Therefore, the respective learned counsels
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appearing for the appellant and the 1st respondent requested this Court to
record the Compromise Memo. Learned counsels appearing for the sub-
tenants have expressed their concern pointing out a few clauses in the
Compromise Memo.
(4)Primarily, the sub-tenants are concerned with some common areas which
were also used by the sub-tenants. Since the chief tenant/appellant had
agreed to surrender those common areas also, it is represented that the
Compromise Memo will certainly affect the rights of sub-tenants in
enjoying the property.
(5)The next contention objecting to the Compromise Memo is also by
referring to few other clauses in the Agreement. Some of the sub-tenants
have also raised an objection with regard to the identity of property which
are agreed to be surrendered by the chief tenant/appellant herein.
(6)Mr.S.R.Rajagopal, learned Senior counsel has not even ascertained from
the sub-tenants for whom he is representing, whether any portion which is
agreed to be surrendered by the appellant/chief tenant, is in the enjoyment
of the sub-tenants.
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(7)Learned counsels appearing for the appellant and the 1st respondent has
conceded that the Compromise Memo now filed before this Court, will be
binding only the parties and not the sub-tenants and therefore, they have
consciously agreed that the suit will now be prosecuted against the sub-
tenants. Since the Compromise Memo is held to be not binding on the
sub-tenants to defend the suit on all issues, this Court is unable to
appreciate the contentions of the learned counsel appearing for the sub-
tenants opposing recording of the Compromise Memo.
(8)Since the appeal is filed with the limited scope of challenging the
direction to the chief tenant/appellant to deposit the money collected from
the sub-tenants and the chief tenant has now surrendered all his right to
the plaintiff/1st respondent including the physical possession of the
property which is in his custody, the appeal is disposed of recording the
Compromise Memo. The Compromise Memo shall form part of the
judgment. However, it is made clear that the terms of Compromise is
strictly between the appellant and the 1st respondent and the terms of the
Compromise Memo will not prejudice the rights of sub-tenants in the
main suit which would be now prosecuted against the sub-tenants. It is
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also made clear that the suit will be prosecuted only in respect of the
property which is described as 'D' schedule to the Compromise Memo.
No costs. Consequently, connected miscellaneous petition is closed.
[S.S.S.R., J.] [P.D.B., J.]
28.01.2025
AP
Internet : Yes
https://www.mhc.tn.gov.in/judis
S.S. SUNDAR, J.,
and
P.DHANABAL, J.,
AP
28.01.2025
https://www.mhc.tn.gov.in/judis
