w w w . L a w y e r S e r v i c e s . i n



Aditya Birla Fashion and Retail Limited (Pantaloons Division) (Formerly known as Pantaloons Fashions and Retail Limited), Rep. By its General Manager-Legal & Compliance v/s M/s. Prashanth Properties Private Limited, Rep.by its Managing Director, Joseph Prem Raja & Another


Company & Directors' Information:- ADITYA BIRLA FASHION AND RETAIL LIMITED [Active] CIN = L18101MH2007PLC233901

Company & Directors' Information:- BIRLA CORPORATION LIMITED [Active] CIN = L01132WB1919PLC003334

Company & Directors' Information:- ADITYA PROPERTIES PRIVATE LIMITED [Active] CIN = U74899DL1986PTC026071

Company & Directors' Information:- V - RETAIL PRIVATE LIMITED [Active] CIN = U52300TG2009PTC063445

Company & Directors' Information:- INDIA FASHIONS LIMITED [Active] CIN = U18101MH2005PLC156779

Company & Directors' Information:- M S RETAIL PRIVATE LIMITED [Active] CIN = U52341KA2009PTC049097

Company & Directors' Information:- PRASHANTH PROPERTIES PRIVATE LIMITED [Active] CIN = U74140PY2009PTC002320

Company & Directors' Information:- A TO Z RETAIL LIMITED [Active] CIN = U52190MH2005PLC155766

Company & Directors' Information:- ADITYA LIMITED [Active] CIN = U45400DL2012PLC231460

Company & Directors' Information:- R D FASHIONS PRIVATE LIMITED [Active] CIN = U17299MH2005PTC158153

Company & Directors' Information:- G D FASHIONS PRIVATE LIMITED [Active] CIN = U52322MH1996PTC098865

Company & Directors' Information:- S D RETAIL PRIVATE LIMITED [Active] CIN = U52520GJ2004PTC056076

Company & Directors' Information:- K B FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL1999PTC098183

Company & Directors' Information:- A & M RETAIL PRIVATE LIMITED [Active] CIN = U52100TG2012PTC080504

Company & Directors' Information:- J R FASHION PRIVATE LIMITED [Active] CIN = U17121GJ2007PTC051911

Company & Directors' Information:- S. H. RETAIL PRIVATE LIMITED [Active] CIN = U52100DL2010PTC199889

Company & Directors' Information:- W & G FASHION PRIVATE LIMITED [Active] CIN = U17120TZ2014PTC020867

Company & Directors' Information:- K. V. FASHION PRIVATE LIMITED [Active] CIN = U18101GJ2007PTC049885

Company & Directors' Information:- S. K. FASHIONS PRIVATE LIMITED [Active] CIN = U18204CT2012PTC000157

Company & Directors' Information:- K D FASHIONS INDIA PRIVATE LIMITED [Active] CIN = U18101MH2002PTC134820

Company & Directors' Information:- J G A FASHION PRIVATE LIMITED [Active] CIN = U18101DL2004PTC127450

Company & Directors' Information:- A P FASHIONS PRIVATE LTD [Active] CIN = U51909WB1991PTC051934

Company & Directors' Information:- L T FASHIONS PRIVATE LIMITED [Active] CIN = U18101GJ1994PTC021109

Company & Directors' Information:- D. M. FASHIONS PRIVATE LIMITED [Active] CIN = U51109MH2009PTC190329

Company & Directors' Information:- S G S FASHION PRIVATE LIMITED [Active] CIN = U17120WB2009PTC136899

Company & Directors' Information:- S S B FASHIONS PRIVATE LIMITED [Active] CIN = U17110GJ2005PTC045905

Company & Directors' Information:- S H FASHIONS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC128342

Company & Directors' Information:- J S B FASHIONS PRIVATE LIMITED [Active] CIN = U17119GJ2002PTC040960

Company & Directors' Information:- V V FASHIONS PRIVATE LIMITED [Active] CIN = U17120MH2003PTC139741

Company & Directors' Information:- ADITYA FASHIONS PRIVATE LIMITED [Active] CIN = U17119GJ1993PTC020857

Company & Directors' Information:- A. E. FASHIONS PRIVATE LIMITED [Converted to LLP] CIN = U18204DL1983PTC185012

Company & Directors' Information:- K L FASHION PRIVATE LIMITED [Active] CIN = U18109WB2011PTC164424

Company & Directors' Information:- M G FASHION PRIVATE LIMITED [Under Liquidation] CIN = U18101MH2003PTC141420

Company & Directors' Information:- V G RETAIL PRIVATE LIMITED [Strike Off] CIN = U52300TG2009PTC065574

Company & Directors' Information:- G L FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2003PTC121480

Company & Directors' Information:- R G FASHIONS PRIVATE LIMITED [Converted to LLP] CIN = U18101DL2000PTC105011

Company & Directors' Information:- P V FASHIONS PRIVATE LIMITED [Active] CIN = U17124WB1990PTC050251

Company & Directors' Information:- R D RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52100DL2012PTC235004

Company & Directors' Information:- H. K. FASHIONS (INDIA) PRIVATE LIMITED [Active] CIN = U18109DL2006PTC151830

Company & Directors' Information:- BIRLA PROPERTIES PRIVATE LIMITED [Active] CIN = U70100MH1996PTC104774

Company & Directors' Information:- K S FASHIONS PRIVATE LIMITED [Active] CIN = U18101WB1998PTC086804

Company & Directors' Information:- A R FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101TG2003PTC041468

Company & Directors' Information:- ADITYA AND COMPANY (INDIA) PRIVATE LIMITED [Active] CIN = U27107RJ2004PTC019073

Company & Directors' Information:- K AND I FASHIONS PRIVATE LIMITED [Active] CIN = U74994DL1996PTC081552

Company & Directors' Information:- M D FASHION PRIVATE LIMITED [Active] CIN = U74994MH2006PTC158814

Company & Directors' Information:- S P R FASHIONS PRIVATE LIMITED [Converted to LLP] CIN = U18109DL2013PTC247877

Company & Directors' Information:- G R FASHIONS PRIVATE LIMITED [Active] CIN = U18101MH2001PTC133163

Company & Directors' Information:- D K FASHION PRIVATE LIMITED [Active] CIN = U17210PB2005PTC029052

Company & Directors' Information:- A J FASHION PRIVATE LIMITED [Under Process of Striking Off] CIN = U18100MH2005PTC153001

Company & Directors' Information:- A N A FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2004PTC130551

Company & Directors' Information:- GENERAL PROPERTIES PRIVATE LIMITED [Active] CIN = U45202MH1995PTC085779

Company & Directors' Information:- M R FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101DL2001PTC110656

Company & Directors' Information:- M S N RETAIL PRIVATE LIMITED [Active] CIN = U52190KA2020PTC137203

Company & Directors' Information:- D & T RETAIL PRIVATE LIMITED [Strike Off] CIN = U74900HR2015PTC055569

Company & Directors' Information:- S & B RETAIL PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120MH2015PTC266050

Company & Directors' Information:- FASHION INDIA LIMITED [Active] CIN = U99999MH1993PLC070454

Company & Directors' Information:- B. F. FASHIONS PRIVATE LIMITED [Active] CIN = U51109MH2010PTC203672

Company & Directors' Information:- N. S. RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52609DL2017PTC310030

Company & Directors' Information:- A A RETAIL (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900GJ1991PTC016073

Company & Directors' Information:- A N FASHIONS ( INDIA) PRIVATE LTD [Active] CIN = U74899DL1980PTC010369

Company & Directors' Information:- K I FASHIONS PRIVATE LIMITED [Active] CIN = U18109TG2013PTC088463

Company & Directors' Information:- N N FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL1999PTC098661

Company & Directors' Information:- PREM PROPERTIES PRIVATE LIMITED [Active] CIN = U70101PB1995PTC016769

Company & Directors' Information:- R B FASHIONS PVT LTD [Active] CIN = U17118WB1995PTC071633

Company & Directors' Information:- S AND A FASHIONS PRIVATE LIMITED [Strike Off] CIN = U51909DL1991PTC045914

Company & Directors' Information:- G K RETAIL PRIVATE LIMITED [Active] CIN = U15202DL2007PTC171738

Company & Directors' Information:- M & M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC074147

Company & Directors' Information:- K S P FASHIONS PRIVATE LIMITED [Active] CIN = U17120MH2003PTC139199

Company & Directors' Information:- C F O RETAIL (INDIA) PRIVATE LIMITED [Active] CIN = U51909MH2003PTC140364

Company & Directors' Information:- C-3 RETAIL PRIVATE LIMITED [Strike Off] CIN = U52190WB2010PTC151458

Company & Directors' Information:- U V FASHIONS PRIVATE LIMITED [Active] CIN = U18109KA2014PTC074444

Company & Directors' Information:- S M RETAIL PRIVATE LIMITED [Strike Off] CIN = U51494OR2008PTC010261

Company & Directors' Information:- RAJA PROPERTIES PRIVATE LIMITED [Active] CIN = U45201WB1996PTC081852

Company & Directors' Information:- G. N. FASHION PRIVATE LIMITED [Active] CIN = U52322MH2011PTC218508

Company & Directors' Information:- R. B. RETAIL LIMITED [Strike Off] CIN = U51109WB2008PLC123637

Company & Directors' Information:- A TO Z FASHIONS PRIVATE LIMITED [Active] CIN = U00265CH2005PTC029342

Company & Directors' Information:- J I D FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120395

Company & Directors' Information:- G. A. FASHION PRIVATE LIMITED [Active] CIN = U17120GJ2009PTC056845

Company & Directors' Information:- T M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994MH2004PTC147342

Company & Directors' Information:- M M RETAIL PRIVATE LIMITED [Active] CIN = U52599DL2007PTC157838

Company & Directors' Information:- P. G. FASHIONS PRIVATE LIMITED [Active] CIN = U18109DL2010PTC200775

Company & Directors' Information:- A & B FASHIONS PRIVATE LIMITED [Strike Off] CIN = U17126DL1973PTC148252

Company & Directors' Information:- D S FASHION PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC132613

Company & Directors' Information:- P P FASHIONS PRIVATE LIMITED [Active] CIN = U51312DL2004PTC125694

Company & Directors' Information:- W 1 RETAIL PRIVATE LIMITED [Strike Off] CIN = U52322DL2010PTC209103

Company & Directors' Information:- D K RETAIL PRIVATE LIMITED [Strike Off] CIN = U52399BR2011PTC016439

Company & Directors' Information:- E AND M FASHIONS PRIVATE LIMITED [Active] CIN = U74900KA2015PTC078076

Company & Directors' Information:- A & M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994KA2005PTC036331

Company & Directors' Information:- H AND H FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC093351

Company & Directors' Information:- G M FASHIONS (INDIA) PRIVATE LIMITED. [Strike Off] CIN = U17120DL1989PTC038309

Company & Directors' Information:- G I FASHIONS PRIVATE LIMITED [Strike Off] CIN = U51909TN2008PTC069767

Company & Directors' Information:- C S FASHIONS PRIVATE LIMITED [Active] CIN = U51504WB2005PTC100951

Company & Directors' Information:- F M FASHION PRIVATE LIMITED [Active] CIN = U52190WB2012PTC174195

Company & Directors' Information:- H S FASHIONS PRIVATE LIMITED [Active] CIN = U52322WB2005PTC102042

Company & Directors' Information:- S T Y D FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994MH2005PTC152589

Company & Directors' Information:- I D FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037044

Company & Directors' Information:- S. B. FASHIONS PRIVATE LIMITED [Strike Off] CIN = U17295DL2007PTC171808

Company & Directors' Information:- N G FASHION PRIVATE LIMITED [Active] CIN = U17120GJ2014PTC078383

Company & Directors' Information:- B AND T FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994KL1996PTC010445

Company & Directors' Information:- S. S. T. B. RETAIL PRIVATE LIMITED [Active] CIN = U52600MH2018PTC305554

Company & Directors' Information:- K A B FASHIONS PRIVATE LIMITED [Strike Off] CIN = U17299PB2015PTC039658

Company & Directors' Information:- B M FASHIONS PRIVATE LIMITED [Active] CIN = U99999MH2005PTC159278

Company & Directors' Information:- J S RETAIL PRIVATE LIMITED [Strike Off] CIN = U52399PN2008PTC131786

Company & Directors' Information:- S R K FASHION PRIVATE LIMITED [Strike Off] CIN = U74994MH2006PTC159371

Company & Directors' Information:- G & A RETAIL PRIVATE LIMITED [Strike Off] CIN = U74994MH2011PTC219515

Company & Directors' Information:- M P FASHIONS PRIVATE LIMITED [Active] CIN = U51311MH2002PTC137215

Company & Directors' Information:- R K D RETAIL PRIVATE LIMITED [Strike Off] CIN = U74999MH2014PTC253224

Company & Directors' Information:- FASHION PROPERTIES PRIVATE LIMITED [Strike Off] CIN = U70101TN2008PTC066000

Company & Directors' Information:- G & G FASHIONS PRIVATE LIMITED [Active] CIN = U52320CH2012PTC034069

Company & Directors' Information:- N S FASHION PRIVATE LIMITED [Active] CIN = U18109DL2006PTC156664

Company & Directors' Information:- P. M. FASHIONS PRIVATE LIMITED [Active] CIN = U18109DL2007PTC165011

Company & Directors' Information:- R & J FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18109DL2014PTC265791

Company & Directors' Information:- AT FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18202DL2013PTC262670

Company & Directors' Information:- S I FASHION PRIVATE LIMITED [Strike Off] CIN = U18204DL2006PTC157108

Company & Directors' Information:- S. P. FASHIONS PRIVATE LIMITED [Amalgamated] CIN = U19100DL2007PTC164553

Company & Directors' Information:- N A FASHION PRIVATE LIMITED [Strike Off] CIN = U51101DL2007PTC163354

Company & Directors' Information:- R N G FASHION PRIVATE LIMITED [Strike Off] CIN = U17200DL2012PTC229730

Company & Directors' Information:- B. S. N. FASHIONS PRIVATE LIMITED [Strike Off] CIN = U17299DL2006PTC155975

Company & Directors' Information:- S G A FASHION PRIVATE LIMITED [Active] CIN = U18100DL2006PTC155885

Company & Directors' Information:- V R M FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC113597

Company & Directors' Information:- K S S FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2004PTC131625

Company & Directors' Information:- A V J FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC139041

Company & Directors' Information:- U A FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC139872

Company & Directors' Information:- V S FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC142013

Company & Directors' Information:- R. C. FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2008PTC172261

Company & Directors' Information:- P. H. FASHIONS PRIVATE LIMITED [Active] CIN = U18101DL2006PTC155349

Company & Directors' Information:- P S R K FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18101DL2012PTC230072

Company & Directors' Information:- S S J FASHION PRIVATE LIMITED [Strike Off] CIN = U18101DL2013PTC248837

Company & Directors' Information:- M B FASHIONS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257698

Company & Directors' Information:- P C FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC160466

Company & Directors' Information:- T G FASHIONS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC128473

Company & Directors' Information:- A AND Y FASHIONS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC129256

Company & Directors' Information:- N K J FASHIONS PRIVATE LIMITED [Active] CIN = U51311DL2005PTC133132

Company & Directors' Information:- A V S FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109590

Company & Directors' Information:- F T RETAIL PRIVATE LIMITED [Active] CIN = U52100DL2015PTC279351

Company & Directors' Information:- B K S RETAIL PRIVATE LIMITED [Strike Off] CIN = U52300DL2010PTC211307

Company & Directors' Information:- U. K. FASHIONS PRIVATE LIMITED [Active] CIN = U52399DL2016PTC290541

Company & Directors' Information:- RAJA FASHION PRIVATE LIMITED [Active] CIN = U74994DL2007PTC158486

Company & Directors' Information:- P. S. FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74994DL2007PTC164244

Company & Directors' Information:- B S M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U74899HR2005PTC141768

Company & Directors' Information:- P S P FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18109HR2012PTC045528

Company & Directors' Information:- D N Y FASHION PRIVATE LIMITED [Active] CIN = U18109HR2013PTC050578

Company & Directors' Information:- Y AND O FASHIONS PRIVATE LIMITED [Active] CIN = U74999KA2014PTC075306

Company & Directors' Information:- I. V. RETAIL PRIVATE LIMITED [Strike Off] CIN = U52390HR2009PTC039614

Company & Directors' Information:- S N B FASHIONS PRIVATE LIMITED [Active] CIN = U18109GJ2008PTC055705

Company & Directors' Information:- H M FASHIONS PRIVATE LIMITED [Strike Off] CIN = U18109GJ2010PTC061258

Company & Directors' Information:- C AND A FASHIONS PVT LTD [Strike Off] CIN = U51900MH1983PTC030580

Company & Directors' Information:- G FASHION PRIVATE LIMITED [Strike Off] CIN = U17120DL2007PTC164098

Company & Directors' Information:- A K M RETAIL PRIVATE LIMITED [Strike Off] CIN = U52599DL2006PTC150947

Company & Directors' Information:- FASHION PVT LTD [Not available for efiling] CIN = U74140MH2000PTC904521

    C.R.P. PD No. 339 of 2017 & C.M.P.Nos. 1541 & 1542 of 2017

    Decided On, 08 June 2017

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MS. JUSTICE V.M. VELUMANI

    For the Petitioner: Kamalakumar, Advocate. For the Respondents: V. Raghavachari for K.S. Karthik Raja, Advocates.



Judgment Text

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 06.01.2017 in I.A. No.2179 of 2016 in O.S.No.193 of 2016 on the file of the Principal District Judge at Pondicherry.)

This Civil Revision Petition is filed against the order dated 06.01.2017 in I.A. No.2179 of 2016 in O.S.No.193 of 2016 on the file of the Principal District Judge at Pondicherry.

2. The petitioner is the plaintiff and the respondents are the defendants in O.S.No.193 of 2016 on the file of the Principal District Judge, Pondicherry. The petitioner filed suit for a direction to the first respondent to receive the balance refundable security deposit amount of Rs.10,00,000/- and come forward to execute the lease deed after complying with his obligations under the agreement to lease dated 02.03.2015 and declaring the sub-lease deed dated 05.12.2016 executed by the first respondent in favour of the second respondent as null and void and not binding on the petitioner.

3. According to the petitioner, he has entered into an agreement for execution of lease with the first respondent agreeing to pay a sum of Rs.25,00,000/- as refundable security deposit. Accordingly, the petitioner had paid a sum of Rs.15,00,000/- and balance sum of Rs.10,00,000/- is payable in two instalments of Rs.5,00,000/- Lakhs each, upon completion of work by the first respondent and execution of lease deed respectively. The first respondent did not complete the work as agreed upon and completion of work was delayed. The first respondent was giving assurances that the work would be completed and lease agreement would be entered into with the petitioner. On 17.11.2016, the first respondent terminated the Agreement to Lease and refunded the security deposit. Immediately, the petitioner sent reply to the said letter and returned the cheque issued by the first respondent.

4. The petitioner filed Arbitration petition (L) No.1290 of 2016 on the file of High Court, Mumbai as per Arbitration Clause 46 of Agreement invoking the relief under Section 9 of the Arbitration and Conciliation Act. On 08.12.2016, when the matter was listed, the learned counsel for the first respondent informed the court that he has no instruction with regard to creation of third party interest in the suit property. Based on the said submission, sole Arbitrator was appointed by the court on 09.12.2016. On 09.12.2016, the learned counsel for the first respondent informed the learned counsel for the petitioner and arbitrator that property was handed over to the second respondent on 02.11.2016 and a sub-lease agreement was registered on 06.12.2016. A copy of the lease deed was produced before the High Court, Mumbai on 16.12.2016 and the High Court, Mumbai closed the Arbitration petition with a direction to the petitioner to seek remedy before the appropriate Civil Court. In the said circumstances, the petitioner has filed the above suit for specific performance of agreement to lease dated 02.03.2015 directing the first respondent to receive the balance refundable security deposit amount of Rs.10,00,000/- and come forward to execute the lease deed after complying with his obligations under the agreement to lease dated 02.03.2015 and declaring the sub-lease deed dated 05.12.2016 executed by the first respondent in favour of the second respondent as null and void and not binding on the petitioner.

5. Alongwith the suit, the petitioner filed I.A.No.2179 of 2016 for interim injunction restraining the second respondent and anyone claiming through them from entering into the petition schedule property and from carrying on any activities including fit out or altering the physical features in furtherance of the lease deed dated 05.12.2016 till the final disposal of the suit. On 20.12.2016, an exparte injunction order was granted. The petitioner complied with Order 39 Rule 3 (a) of CPC and filed an affidavit to that effect on 21.12.2016. On 03.01.2017, when the I.A. was posted for hearing, the second respondent filed counter to I.A.No.2179 of 2016 and an affidavit stating that the petitioner has not complied with Order 39 Rule 3 (a) of CPC. The application was adjourned to 06.01.2017 and after elaborate arguments, the learned Judge passed an order adjourning I.A.No.2179 of 2016 for enquiry to 18.01.2017 and did not extend the interim order already granted.

6. Against the order dated 06.01.2017 in I.A. No.2179 of 2016 in O.S.No.193 of 2016, the present Civil Revision Petition is filed.

7. According to the learned counsel for the petitioner, the interim order was not extended only based on the contention of the second respondent that petitioner has not complied with Order 39 Rule 3(a) CPC. The second respondent has not substantiated his contention that he has not received the document and the learned Judge erred in not extending the interim injunction. The learned Judge failed to consider the document relied on by the petitioner and arguments to prove that the second respondent is not a bonafide leasee. The learned Judge having held that injunction application can be finally decided only after considering the oral evidence, erred in not extending the interim injunction. The learned Judge has not given any reason for not extending the interim injunction.

8. The learned counsel for the petitioner relied on the following judgments in support of his contention -

(1) 2001 (3) CTC 486 [R.Karuppan v. P.K.Rajagopal]

(2) AIR 2013 (KAR) 142 [ R.K.Jain v. P.G.Chacko]

(3) Order of Delhi High Court dated 10.01.2014 in CS (OS) 2252/2011 & connected I.As

9. Per contra, learned counsel for the second respondent submitted that the present Civil Revision Petition is not maintainable as impugned order is appealable under Order XLIII Rule (1) (r) CPC. He would further submit that the possession of the suit property was entrusted to the second respondent by the first respondent on 02.11.2016 and sub-lease agreement was registered on 06.12.2016. The second respondent carried major portion of the work in the petition premises and has already issued purchase order to the tune of Rs.1,56,74,394/-. The fact that the second respondent is in possession of the petition premises was admitted by the petitioner before the High Court, Mumbai and High Court, Mumbai held that the second respondent will not in equity claim in respect of the work done by him from 29.12.2016. It is not correct to state that the learned Judge did not extend the interim order on the ground that the petitioner has not complied with mandatory provisions of Order 39 Rule 3 (a) CPC. The learned Judge has not passed any final order and has only adjourned the application for final disposal to 18.01.2017 on the ground that the application can be decided on merits only based on the oral evidence let in by the parties.

10. The learned counsel for the second respondent relied on the following document in support of his contention -

(1) 2007 SCC 695 [A.Venkatasubbiah Naidu v. S.Chellappan & Ors.]

(2) 2011 (8) SCC 249 [Ramrameshwari Devi & Ors. v. Nirmala Devi & Ors.]

(3) 2007 (7) SCC 125 Adhunik Steels Ltd. v. Orissa Manganese & Minerals (P) Ltd.]

(4) 2007 (1) CTC 668 [Salem Vivekananda English Institute v. Vivekananda Kalvi Nilayam Pvt. Ltd.]

(5) AIR 1988 MAD 162 [The Special Tahsildar v. V.Rangasamy Reddiar]

(6) 2013 (15) SCC 27 [I.S.Sikandar (dead) by Lrs v. K.Subramani & Ors.]

11. Heard the learned counsel for the petitioner, respondents and perused the materials available on record.

12. A reading of the impugned order reveals that the learned Judge has not extended the interim order already granted not based on the contention of the second respondent that the petitioner has failed to comply with the mandatory provisions of Order 39 Rule 3 (a) of CPC. The learned Judge did not extend the interim order in view of the rival contention which can be decided only by appreciating the oral evidence to be let in by the parties in the Interlocutory Application.

13. From the above facts of the case mentioned by the petitioner in this Civil Revision Petition, it is seen that the learned counsel for the first respondent who appeared in Arbitration Petition before the High Court, Mumbai has informed that the second respondent was put in possession of the schedule mentioned property on 02.11.2016 and sub-lease agreement was registered on 06.12.2016. It is also seen that the learned counsel for the first respondent produced the sub-lease agreement before the High Court, Mumbai on 16.12.2016 and based on the same, the Arbitration Petition was closed with a direction to seek appropriate remedy before the appropriate Civil Court.

14. The second respondent in the present Interlocutory Application has stated that he is in possession of the petition pr

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emises and has carried out 75% of entire work and has also placed purchase order to the tune of Rs.1,56,74,394/-. Considering the said submissions, the learned Judge has held that these rival contentions cannot be decided in a summary manner and it is just and necessary to conduct a full enquiry by examining the parties to arrive at a decision. 15. In view of the above reasons, the relevant portions of the judgments relied on by the learned counsel for both the parties are not extracted. 16. In the result, the Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 17. From the records, it is seen that exparte order of injunction was originally granted and subsequently interim injunction was not extended. In view of the same, the learned Judge is directed to dispose of the I.A., as expeditiously as possible, in any event, not later than two (2) months from the date of receipt of a copy of this order.
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