P MANTHIRAMURTHY PARTNER YULE ENGINEERING CORPORATION Vs. P MARIMUTHU PARTNER YULE ENGINEERING COPORATION

JUDGEMENT

(1.) Pithily and precisely, compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this application would run thus:

(2.) The matter has been heard at length and this Court felt that notice has to be sent to Arun Enterprises, of which, Marimuthu- D 1 is the proprietor and also to Arun Plasto Moulders India Pvt. Ltd., of which Marimuthu is the Managing Director, for being heard, because the receiver and the plaintiff and D2 wants those organisations, namely, Arun Enterprises and Arun Plasto Moulders India Pvt. Ltd., should be evicted from the suit premises pending final decree, so as to enable the receiver to sell the immovable properties concerned for a lucrative price. According to them, if the buildings as such keeping those organisations in occupation, are brought for auction, it would not fetch good price, because no prudent purchaser would come forward to purchase any property when it is in the occupation of a tenant. In this factual matrix alone all the parties concerned advanced their arguments and this order is necessitated ultimately.

(3.) The tour d'horizon of the learned counsel for the plaintiff and the learned senior counsel for D2 would run thus: