IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 13772 of 2010(O) -------------------------- OPARB.226/2010 of IV ADDL. DISTRICT COURT, ERNAKULAM .................... PETITIONER: --------------- SRI.K.RAMABHADRAN, S/O. C.K.KUNJUPILLA ASSAN, AGED 60 YEARS, NO:14, PALM GREEN VILLA, VYTTILA KOCHI-19. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENTS: --------------- 1. M/S. LUXURY SANDS KERALA PRIVATE LIMITED C.B.NO.122, RIVIER4A RETREAT, COCHIN-682013. 2. SHRI. LUKE ANTONY, KOCHERY HOUSE, KURISUMOODU.P.O., CHANGANASSERY, KOTTAYAM. ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R2 SRI.P.K.MANOJKUMAR FOR R2 SMT.HENA BAHULEYAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.No.13772 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : MEMORANDUM OF UNDERSTANDING DTD.24.06.2010 EXHIBIT P2 : MEMORANDUM OF UNDERSTANDING DTD.06.11.2009 EXHIBIT P3 : ENDORSEMENT DTD. 08.12.2009 EXHIBIT P4 : CAVEAT O.P FILED BY the RESPONDENTS BEFORE the SUB COURT, MUVATTUPUZHA EXHIBIT P5 : LAWYER NOTICE ISSUED TO THE RESPONDENTS EXHIBIT P6 : O.P.(Arb.).266 OF 2010 ALONG WITH THE APPLICATION FOR INJUNCTION, I.A.NO.1158 OF 2010 EXHIBIT P7 : COPY APPLICATION FILED BY the PETITIONER FOR ISSUANCE OF THE CERTIFIED COPY OF THE ABOVE ORDER RESPONDENTS' EXHIBITS : NIL True Copy P.A to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.13772 of 2010 --------------------------------------- Dated this 24th day of June, 2010 JUDGMENT There was a memorandum of understanding (for short, “the MOU”) between petitioner and respondents as per which petitioner was to purchase an item of property together with artificial sand manufacturing unit belonging to the respondents for a total sum of 17.15 crores. Of the said amount respondents received Rupees ten lakhs by way of advance. According to the respondents, petitioner was not able to raise the balance sale consideration and get the sale deed executed within the time stipulated but as agreed between them time for execution of sale deed was extended till 06-11-2009 and then till 15-12-2009 (as the learned Senior Advocate appearing for respondents state). In the meantime a further sum of Rs.1,00,000/- (Rupees One Lakh) was also paid to the respondents by way of advance. In the meantime dispute arose between the parties as to the extent of property and marketability of title of respondents over the property agreed to be sold and in anticipation of arbitration proceedings, petitioner approached learned District Judge under Section 9 of the Arbitration and Conciliation Act (for short, “the Act”) with I.A.No.1158 of 2010 for an order of injunction to restrain W.P.C.No.13772 of 2010 : 2 : respondents from alienating the properties. That application ended in a dismissal. Petitioner did not get a copy of the said order and apprehending that in the meantime respondents might alienate the property approached this court with this writ petition seeking a direction to the learned District Judge, Ernakulam to issue certified copy of the order dated 17-04-2010 on I.A.No.1158 of 2010 in O.P.(Arb).No.266 of 2010 and in the meantime to direct respondents to maintain status quo with respect to the properties involved. When the matter came up for hearing in this court on 23-04-2010 while issuing notice to the respondents this court issued an order of stay as prayed for, for a period of one month which was being extended subsequently. Learned Senior Advocate, Sri. K.P. Dandapani appearing for petitioner states that petitioner has already been issued with a certified copy of I.A.No.1158 of 2010 but he apprehends that since by the time petitioner initiated appropriate proceeding against the impugned order respondents might transfer the property and hence requested that the interim order passed by this court may be extended. Learned Senior Advocate, Sri.N Nandakumara Menon appearing for respondents state that property had already been sold by the respondents before this court passed interim order on 23-04-2010 and hence there is no question of granting any further injunction or stay against respondents alienating the property. W.P.C.No.13772 of 2010 : 3 : 2. The submission by the learned Senior Advocate, Sri. Nandakumara Menon regarding transfer of property is recorded. In the light of that, there is no point in either extending the interim order passed by this court or, directing respondents to maintain status quo. As such, request of learned Senior Advocate for petitioner to issue directions or to extent the stay already granted cannot be accepted. 3. Since copy of the impugned order has already been issued to the petitioner, no further orders is required in the proceeding. Resultantly writ petition is closed . (THOMAS P JOSEPH, JUDGE) Sbna/-