VENTURETECH SOLUTIONS Vs. CONVEYORS INDIA FABRICATIONS PVT. LTD.

JUDGEMENT

(1.) I propose to dispose of all the eight applications by this common order.

(2.) There are two suits. The sole plaintiff in both the suits is one and the same and it is a private limited company. The sole defendant in each of the suits is different and they are also private limited companies. Both the suits pertain to two separate agreements of sale, both dated 27.07.2005, under which each of the defendant companies agreed to sell to the plaintiff company adjacent properties. Plaintiff company in both the suits is the applicant in six applications. Each of the defendant companies is applicant in two of the above said applications, they being reject the plaint applications in the respective suits. Though the defendant company in the two suits are different, as the facts are identical and as I propose to dispose of all these applications by a common order, the term ' defendant companies- is used in this order to collectively denote the two companies which have been arrayed as sole defendant in the two suits. With regard to other aspects, the parties in these applications are referred to by their respective ranks in the main suit, for the sake of brevity, convenience and clarity.

(3.) Plaintiff company instituted two suits in C.S.Nos. 831 and 833 of 2005 in this Court inter alia seeking a decree for permanent injunction restraining the defendant companies from alienating, encumbering or dealing with the respective schedule mentioned properties in favour of any third party other than the plaintiff. The two suits were launched on the basis of the above said two agreements of sale between the plaintiff company and the defendant companies. As stated supra, both agreements of sale are dated 27.07.2005. In C.S.No. 831 of 2005 the subject-matter of the agreement of sale (which is also the plaint schedule property) is land and superstructure in Plot No.66 (Old No.42), Second Main Road, Ambattur Industrial Estate, Chennai 600 058, admeasuring 1.24 grounds or thereabouts. The subject-matter of the other agreement of sale (plaint schedule property in C.S.No.833 of 2005) is land and superstructure in Plot No.65 (Old No.43) Second Main Road, Ambattur Industrial Estate, Chennai 600 058 admeasuring 16.40 grounds or thereabouts. It is stated at the Bar that the two properties are adjacent properties and the lands are contiguous parcels of land. There are superstructures on each parcel of land. This is evident from the address/description of the two properties in the agreements of sale and in the schedules to the plaints.