Madras High Court
OA/769/2024 of SRI RAMANUJA MISSION TRUST REP BY ITS ADMINISTRAT Vs R BALAMURUGAN on 28 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
O.A.No. 769 of 2024
Sri Ramanuja Mission Trust,
Represented by its Administrative Trustee, Mr.Varadan Chandar, Having office at, No.40, Bhakthavatchalam Road, Mylapore, Chennai- 600 004.
..Applicant
Vs
R.Balamurugan
..Respondent
Prayer:
Judges Summon filed under Order XIV Rule 8 of O.S. Rules read with Section 9 (1) (e) of the Arbitration and Conciliation Act, 1996, praying to grant ad interim injunction, restraining the respondent, his men, agents, assigns, heirs and anyone claiming to act on behalf of the respondent from alienating or encumbering the schedule mentioned property in any manner pending disposal of the Arb.O.P.No.179 of 2024.
For Applicant:
Mr.R.Saravanakumar
For Respondent:
Mrs.A.L.Gandhimathi, Senior Counsel
for Mr.L.Palanimuthu
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ORDER
This is a post-award application filed under Section 9 of the Arbitration and Conciliation Act, 1996, for an injunction restraining the respondent from alienating or encumbering the schedule-mentioned property.
2. The contention of the learned counsel for the applicant is that they have invoked arbitration and an award has been passed whereby specific performance has been ordered in favour of the applicant; therefore, this application is made to restrain the respondent from in any manner alienating the property.
3. The learned Senior Counsel appearing on behalf of the respondents would submit that they are contesting the award and have filed Arbitration O.P. No. 179 of 2024 challenging the award, wherein an interim stay has already been granted. Therefore, she oppose the prayer made in the original application. In any event, it is submitted that the respondent will not alienate or encumber the schedule mentioned property
4. I have considered the rival submissions made on either side and perused the material records of the case.
5. The interim injunction itself is only for the relief of restraining the respondent from alienating or encumbering the schedule mentioned property. When an award has been passed in favour of the applicant for specific performance, until final orders are passed in the challenge proceedings, the respondent shall not alienate the schedule mentioned property. There shall be an order to the above effect and the original application stands disposed of. No costs. 28-10-2026 Neutral Citation: Yes/No NSL
D.BHARATHA CHAKRAVARTHY, J. NSL OA No. 769 of 2024 28-10-2026