Cholamandalam Investment And Finance Co. Ltd v. Abuharera Khan S/O.Madarullah Llakat

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 03RD DAY OF JUNE 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.183 of 2019 In the matter of Arbitration & Conciliation Act, 1996, and In the matter of Dispute between M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, and MR.ABUHARERA KHAN Arising under Loan Agreement No.XSHUVSI00002155505 Dated 30.10.2017 M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, DARE HOUSE,NO.2, N.S.C.BOSE ROAD, PARRYS, CHENNAI-600001.

REPRESENTED BY ITS AUTHORISED SIGNATORY ..Applicant -VsMR.ABUHARERA KHAN S/O.MADARULLAH LLAKAT A/301, JIVDANI DEEP APT., WALIV VILLAGE, THANE, VASAI (E) MAHARASHTRA- 401 202.

..RESPONDENT

/ 2 / Application praying that this Hon'ble Court be pleased to direct the respondent to furnish security for the sum of Rs.1,63,875/- within a time fixed by this Hon'ble Court failing which to order attachment of the immovable properties morefully described in the schedule to the Judges summons pending initiation and disposal of arbitration proceedings between the Applicant and the Respondent and till enforcement of the award that may be ultimately passed in the arbitration proceedings and a copy of the attachment order be transmitted through the District Court, Vasai, Maharashtra and the attachment order maybe hand delivered to the applicant for transmission.

This Application coming on this day before this court for hearing the court made the following order:

This application has been filed to direct the respondent to furnish security to the tune of Rs.1,63,875/- failing which to Order attachment of the immovable properties more fully described in the schedule to the Judges summons, pending disposal of the proposed arbitration proceedings.

2. The learned counsel for the applicant submitted that the award has been passed.

3. In such view of the matter, it is open to the applicant to work out his remedy to initiate proceedings before the appropriate forum.

/ 3 /

4. With the above observation, the application is closed. Sd/.N.S.K.J.

03.06.2020 //Certified to be a true copy// Dated this the day of 2020. SU/11.06.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.