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Madras High Court
J. Santhosh vs M. Nirmal Kumar on 20 April, 2026
CMP No. 3677 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MRS.JUSTICE N. MALA
CMP No. 3677 of 2026
in
CRP.No.3434/2025
J. Santhosh
Proprietor,
Guess Collections,
Basement No.213/214,
Kapilavastu Complex,
Purasawalkam High Road,
Purasawalkam, Chennai 7.
..Appellant(s)
Vs
1. M. Nirmal Kumar
S/o.Moolchand Maheswari,
No.3, Crescent Park Road,
T.Nage, Chennai 17.
2. Aarti Maheswari
W/o.M.Nirmal Kumar,
No.3, crescent Park Road,
T.Nagar, Chennai 17.
3. Amarth Kawar Bafna
W/o.Shanthilal Bafna,
No.88, 4th Floor, Kapil Park Bulding, Alagappa
Road Chennai 84.
4. Style Spirit
D.No.213 and 214, Purasawalkam High Road,
Purasawalkam,
Chennai 7.
5. Poorvika Mobiles
D.No.213 and 214, Purasawalkam High Road,
Purasawalkam, Chennai 7.
6. Salai Enterprises
D.NO.213 and 214, Purasawalkam High Road,
Purasawalkam,
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CMP No. 3677 of 2026
Chennai 7.
7. J.J.Mobile World
D.No.213 and 214, Purasawalkam High Road,
Purasawalkam,
Chennai 7.
8. Singapore Gold House
D.No.213 and 214,
Purasawalkam high Road,
Purasawalkam High Road,
Purasawalkam, Chennai 7.
9. Mummy Fashion
Rep.by its Proprietor,
Jaganathan,
D.No.213 and 214, Purasalkam,
Chennai 7.
..Respondent(s)
To grant a time six month to the petitioner to vacate and handover
the vacant possession of the Petition premises to the Respondents 1 and 2 /
Decree holders and pass such further or other orders as this Honble Court.
For Appellant(s): B.Nandhakrishnan
Vakalat Return To M/s. J Chelladurai Caldwell
(for Petitioner)
For Respondent(s): Notice Served (J. SANTHOSH Proprietor, Guess
Collections, Basement No.213/214, Kapilavastu
Complex, Purasawalkam High Road,
Purasawalkam, Chennai 7.)
ORDER
(1) When the matter was taken up on 18.03.2026, the learned counsel for the
petitioner submitted that despite repeated persuasion to the petitioner to
vacate the premises as per the undertaking given by him to this Court on
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08.08.2025, the petitioner is refusing to vacate and hand over peaceful
possession of the property to the respondents 1 and 2.
(2) In the light of the order of this Court dated 27.02.2026, declining
extension of time beyond 31.03.2026, with liberty to the respondents to
mention to the Court, non-compliance of the undertaking, so as to enable
the Court to initiate contempt proceedings, contempt notice was issued to
the petitioner on 18.03.2026, returnable by 20.04.2026.
(3) Today, the petitioner has appeared in person along with Mr.J.Chelladurai
Caldwell, Advocate.
(4) Mr.J.Chelladurai Caldwell, learned counsel submitted that he has come
by way of change of Vakalat and that time may be granted to him to file
an affidavit. According to the learned counsel, the petitioner was cheated
of the advance amount of Rs.60 lakhs, paid by him. The learned counsel
contends that only on the specific understanding that the 1 st respondent
would return the advance amount of Rs.60 lakhs to the petitioner, the
petitioner filed the Undertaking Affidavit to vacate the premises.
(5) This Court has gone through the Undertaking Affidavit and finds that no
such averments were made in the said affidavit. On the contrary, in the
affidavit, the petitioner merely sought time of six months to vacate the
premises because of his inability to find suitable alternate accommodation
to run his business. Therefore, this Court is not inclined to entertain any
plea beyond what was stated in the Undertaking Affidavit at this stage.
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(6) This Court, therefore directs the petitioner to vacate and hand over the
peaceful possession of the property to the respondents on or before
27.04.2026, failing which the petitioner would have to face the
consequences.
(7) Post the matter on 27.04.2026 for reporting compliance.
20-04-2026
AP
To
1. M. Nirmal Kumar
S/o.Moolchand Maheswari,
No.3, Crescent Park Road,
T.Nage, Chennai 17.
2. Aarti Maheswari
W/o.M.Nirmal Kumar,
No.3, crescent Park Road,
T.Nagar, Chennai 17.
3. Amarth Kawar Bafna
W/o.Shanthilal Bafna,
No.88, 4th Floor, Kapil Park Bulding, Alagappa Road Chennai 84.
4. Style Spirit
D.No.213 and 214, Purasawalkam High Road,
Purasawalkam,
Chennai 7.
5. Poorvika Mobiles
D.No.213 and 214, Purasawalkam High Road,
Purasawalkam, Chennai 7.
6. Salai Enterprises
D.NO.213 and 214, Purasawalkam High Road,
Purasawalkam,
Chennai 7.
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7. J.J.Mobile World
D.No.213 and 214, Purasawalkam High Road,
Purasawalkam,
Chennai 7.
8. Singapore Gold House
D.No.213 and 214,
Purasawalkam high Road,
Purasawalkam High Road,
Purasawalkam, Chennai 7.
9. Mummy Fashion
Rep.by its Proprietor,
Jaganathan,
D.No.213 and 214, Purasalkam,
Chennai 7.
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N.MALA, J.
AP
in
20-04-2026
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