Madras High CourtA/141/2021closed

M/S Manapuram Finance Limited v. M.Thangapandi And Another

2021-06-22Honourable Mr Justice N. Sathish Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY THE 22ND DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE N.SATHISHKUMAR A. No.141 of 2021 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Disputes between M/s.Manapuram Finance Limited and Mr.M.Thangapandi and others arising under Loan Agreement dated 31.03.2019 bearing Loan Agreement MFTNEXLONS00000 -5086492 M/s.Manapuram Finance Limited, No.44(116/1), Dr.Natesan Road, Triplicane, Chennai-600 005 rep. by its Authorised Signatory, Mr.Maniarasan (Emp. No.62566) ... Applicant -Versus1. M.Thangapandi, No.9/915, Sri Nagar Melathalaiyuthu, Sankar Nagar, Tirunelveli-627 357.

2. M.J.Niveditha, No.9/915, Sri Nagar Melathalaiyuthu, Sankar Nagar, Tirunelveli-627 357.

... Respondents Application praying that this Hon'ble Court be pleased to pass an order directing the Respondents to furnish security to the satisfaction of an

amount of Rs.12,67,475.40/- failing which order for attachment of immovable property of the 1st Respondent more fully described in the Schedule I to the Judges Summons pending initiation and disposal of the arbitration proceedings between the Applicant and the Respondents and till enforcement of the award that may be ultimately passed in the arbitration proceedings and a copy of the attachment order to be transmitted through the District Court, Tirunelveli and the attachment order may be hand delivered to the applicant for transmission.

This application coming on this day before this court for hearing in the presence of Mr.A.Damodaran, Advocate for the Applicant herein, and the respondents herein not appearing in person or by advocate and upon reading the order herein dated 17.02.2021, it is ordered as follows:- That the immovable property more fully set out in the schedule hereunder be and is hereby attached and the same do remain under attachment until further orders of this court.

2. That 2 copies of this order be transmitted to the District Court, Tirunelveli, for effecting the attachment and the said court do cause the said immovable property to be attached through Senior Bailiff of the said Court in respect of the claim of a sum of Rs.4,24,794.30 (Rupees four lakhs twenty four thousand seven hundred and ninety four and paise thirty only) and communicate the effect of such attachment to the Registering Officer

within the local limits of whose jurisdiction the whole or any part of the immovable property is situated.

Schedule - I (Borrower) All that piece and parcel of House site at Thazhaiyuthu Village, comprised in S.No.357/1, with an extent of 2023.58 sq.ft. Situated at the Sub-Registration District of Gangaikondan and Registration District of Tirunelveli and bounsed on the Fourt Boundaries North : 13 feet common Road South : Plot belongs to Kachimaideen East : 10th plot West : plot belongs to 12th edupu Mariyappan WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 22nd DAY OF JUNE 2021.

Sd./- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SL-01.07.2021 A. No.141 of 2021

ORDER

DATED : 22.06.2021 THE HON'BLE MR. JUSTICE N.SATHISHKUMAR FOR APPROVAL: 12.07.2021 APPROVED ON: 13.07.2021 Copy to:

The Sub Registrar The Sub Registrar Office Gangaikondan, Tirunelveli District.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

2. M.J.Niveditha, No.9/915, Sri Nagar Melathalaiyuthu, Sankar Nagar, Tirunelveli-627 357.

... Respondents Application praying that this Hon'ble Court be pleased to pass an order directing the Respondents to furnish security to the satisfaction of an amount of Rs.12,67,475.40/- failing which order for attachment of

immovable property of the 1st Respondent more fully described in the Schedule I to the Judges Summons pending initiation and disposal of the arbitration proceedings between the Applicant and the Respondents and till enforcement of the award that may be ultimately passed in the arbitration proceedings and a copy of the attachment order to be transmitted through the District Court, Tirunelveli and the attachment order may be 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 for a direction to the respondents to furnish security to the tune of Rs.12,67,475.40 within the time fixed by this Court and failing which the Order of attachment of the immovable property more fully described in the Judge's summons.

2. This Court by an Order dated 17.02.2021 directed the respondents to furnish security for the claim amount.

3. Despite the Order of this Court directing to furnish security, the respondents have not furnished any security and none appeared for the respondents.

4. In view of the same, there shall be an Order of attachment of the immovable property described in the schedule to the judges summons. The registry is directed to communicate the Order of attachment to the

concerned Registrar.

Sd./-N.S.K.J., 22.06.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.