Cholamandalam Investment And Finance Co Ltd v. Vaighaa Transport Rep By Its Proprietor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb Appln No.8 of 2026 Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4 Thiru Vi Ka Industrial Estate, Guindy, Chennai Rep. by its Authorised Signatory Applicant(s) Vs 1.M/s.Vaighaa Transport Rep. by its Proprietor Mr.A.Subran No.935/1D, Dharmalingeswarar Kovil Street Marapalam, Madukkarai, Coimbatore Nr.Vinayakar Kovil Tamil Nadu 641105 2.A.Subran Respondent(s) PRAYER To direct the Respondent to furnish security for the sum of Rs.3,12,320/- 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 till enforcement of the award passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Principal District Court, Coimbatore, Tamilnadu and the attachment order may be hand delivered to the applicant for transmission. For Applicant : Mr.D.Pradeep Kumar

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for a direction to the respondents to furnish security, failing which, to order attachment of the property morefully described in the Judge's summons. 2.When the application came up for hearing on 09.01.2026, this Court passed the following order:

"This application has been filed under Section 9(1)(ii)(b) of the Arbitration and Conciliation Act, 1996, for furnishing security and in the absence, to attach the property morefully described in the Judge's summons.

2.Heard the learned counsel for the applicant and perused the materials available on record.

3.It is seen that already an award has been passed by the Arbitral Tribunal on 11.08.2025.

4.In view of the above, there shall be a direction to the respondents to furnish security to a tune of Rs.3,12,320/-, before the next date of hearing. 5.Notice to the respondents returnable by 09.02.2026. Private notice is also permitted. Web copy of this order shall also be annexed along with the private notice that is to be sent to the respondents.

6.Post on 09.02.2026."

3.The notices that were sent to the respondents have been returned with an endorsement "refused". Hence, notices deemed to have been served on the respondents and their names has also been printed in the cause list. The respondents neither present nor represented through counsel. The respondents have not complied with the order passed on 09.01.2026 and also not cared to enter appearance before this Court and contest this application.

4.In view of the above, there shall be an order of attachment of the properties morefully described in the Judge's summons, till the enforcement of the award passed by the Arbitral Tribunal. The order of attachment shall be transmitted to the Principal District Court, Coimbatore, to carryout the order of attachment and to make necessary entry in the Encumbrance Certificate by the Sub Registrar concerned. This application is disposed of in the above terms. 09-02-2026 gya

N. ANAND VENKATESH, J.

gya Arb Appln No.8 of 2026 09.02.2026