D Malarkodi v. S.K.Industries

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU D Malarkodi W/o.M.Duraisamy, No.E-1, Bhatia Garden,Manapakkam,Chennai-600 125 ..Applicant in both applications Vs

¶1S.K.Industries No.1/122, Kovur-Paraniputher Service Road, Periapanicherry, Chennai 600 128.

¶2B Ravindran No. 3/2,Shanthi Nagar, 8th Street,Adambakkam,Chennai-600088

¶3S Mithun Balaji No.31, 2nd Street,Shanthi Nagar,Adambakkam,Chennai-600088

¶4Leelavathy Medical Device Company No. 1/22, Kovur-Paraniputhur Service Road,Periapanicherry,Chennai-600128 ..Respondents in both applications Prayer in O.A.No.642 of 2026: Original application filed under Order XIV Rule 8 of O.S. Rules read with Section 9(1) (ii) (a) and 9(1) (ii) (e) of Arbitration and Conciliation Act, 1996, to grant an INTERIM INJUNCTION restraining the 4th Respondent firm from utilizing the assets, resources, electricity connection and infrastructure of the 1st Respondent partnership firm as mentioned in the Schedule of Property in any manner whatsoever, till the disposal of the arbitral proceedings. Page2 of 4 Prayer in O.A.No.643 of 2026: Original application filed under Order XIV Rule 8 of O.S. Rules read with Section 9(1) (ii) (a) and 9(1) (ii) (e) of Arbitration and Conciliation Act, 1996, to grant an INTERIM INJUNCTION thereby restraining the 4th respondent firm from operating in the premises of the 1st respondent partnership firm, as mentioned in the schedule of property, in any manner whatsoever, till the disposal of the arbitral proceedings. For Applicant : [in both applications] Mr.Naveen Kumar Murthi for Ms.S.Varsha COMMON ORDER These applications have been filed for the following reliefs: Prayer in O.A.No.642 of 2026: Original application has been filed for grant an INTERIM INJUNCTION restraining the 4th Respondent firm from utilizing the assets, resources, electricity connection and infrastructure of the 1st Respondent partnership firm as mentioned in the Schedule of Property in any manner whatsoever, till the disposal of the arbitral proceedings. Prayer in O.A.No.643 of 2026: Original application has been filed for grant an INTERIM INJUNCTION thereby restraining the 4th respondent firm from operating in the premises of the 1st respondent partnership firm, as mentioned in the schedule of property, in any manner whatsoever, till the disposal of the arbitral proceedings. Page3 of 4

¶2Heard the learned counsel for the applicant.

¶3It is the claim of the learned counsel for the applicant that the 4th respondent is a partnership firm controlled by the 1st respondent company. The 2nd respondent is also a partner in the 1st respondent firm. The 4th respondent company is operating on the said premises without paying the rent and electricity bills and as the 2nd respondent is common to both the 4th and 1st respondents, the present applications had been filed seeking restraint order against the 4th respondent. Therefore, he would submit that the present applications can also be decided by this Court, in view of the common role of the 2nd respondent in the 1st respondent company.

¶4This Court is unable to accept the statements made by the learned counsel for the applicant. Admittedly, the 4th respondent is a partnership firm and had been permitted to operate in the premise of the 1st respondent under a separate rental agreement.

¶5In such view of the matter, this Court is of the view that the present applications under Section 9 of the Arbitration and Conciliation Act, 1996 would not be maintainable for the relief sought for against the 4th respondent. Accordingly, these applications stand dismissed with liberty to the applicant to Page4 of 4 K.KUMARESH BABU J. mp approach the Civil Court to seek appropriate remedies against the 4th respondent. 02-07-2026 Index: Yes/No Speaking/Non-speaking order mp 02-07-2026