Retraining order against mall owner
Interdict against Ballito Bay Mall director and Woolworths franchise holder.
The Durban High Court last week extended a six point interdict against Ballito Bay Mall director and Woolworths franchise holder Haresh Ouderajh, ordering him to to keep him away from one of the mall’s tenants.
Owner of John Walker Pools in the mall, Darman Rajoo, initially obtained a high court order on January 17 to stop Ouderajh from, ‘interfering with and/or physically or verbally abusing, or communicating in any way whatsoever with Rajoo, except through Rajoo’s attorneys.’
Rajoo said that the interdict application came about when Ouderajh allegedly refused to pay out about R325 000 for a water feature Ouderajh had allegedly asked Rajoo to build in the basement parking area, as well as flooring of 600 square metres at the mall’s play centre. “At this time Ouderajh was the managing agent of the mall and known as an owner,” said Rajoo.
Allegedly Ouderajh said the cost of the two jobs was too high and demanded a new invoice. When this was not forthcoming he allegedly threatened Rajoo with eviction and fraud charges.
“Whenever he came into my business he was extremely vulgar and offensive and I had to put a stop to this,” said Rajoo.
The interdict also prevents Ouderajh from using the services of any other party to harass, interfere with or verbally abuse Rajoo, to prevent Ouderajh from unlawfully ejecting him from his shop, restraining him from entering Rajoo’s shop or interfering with his operation. The court found that Ouderajh would bear the cost of the application.
During a court appearance on May 24 dealing with the dispute over the invoices, Ouderajh’s counsel argued for the restraining order to be set aside. The request was refused. Rajoo then asked the high court to extend the interdict, which was granted.
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