LAW FOR ALL

interim injunction, restraining the defendants from purporting to act or to give effect to or taking any step in furtherance of the purported deed of transfer dated 5th July, 2007 and the certificate of sale of movable and immovable property dated 5th July, 2007 or from enforcing the same in any manner whatsoever pending the suit.=The learned Single Judge passed an order, refusing the interim order as prayed for in O.A. No. 233 of 2011. The Division Bench, while dismissing the appeal made following observations in Para 62 at page 50: “62. The maintainability of suits, which are pending on the file of the City Civil Court as well as on the file of this Court in C.S. No. 164 of 2011, can be adjudicated in the course of trial and this Court finds some force in the submission made by the learned senior counsel appearing for the appellants that the said findings may definitely prejudice their case. Hence, this Court expunge the observations made by the learned Judge with regard to the maintainability of the suit in O. S. No. 12159 of 2010, pending on the file the III Addl. Judge, City Civil Court, Chennai and C.S. No. 164 of 2011 pending on the file of this Court.”-The Division Bench as well as learned Single Judge has already noted that hotel has already commenced its operation and contracts have been made with third parties for the operation of the hotel and bookings are also being taken from the customers. We have already noticed the directions issued by Division Bench, directing the defendant Nos. 1, 2 and 8 to the suit C.S. No. 257 of 2005 to deposit an amount of Rs. 15.21 Crores which order had done substantial justice between parties. Taking into consideration the overall circumstances, specially when issues raised in C.S. No. 164 of 2011 are yet to be adjudicated, the orders passed by both learned Single Judge and Division Bench, refusing to grant interim injunction in view of the facts as noted above cannot be faulted. 48. In result, the appeals of Robust Hotels & ors. are disposed of by modifying the order of the Division Bench as above. The appeals of EIH Ltd. and ors. are dismissed.