Madras High CourtA/730/2019closed

Citicorp Finance India Ltd v. Mr.K.Anandurai S/O.Kangiyan

2020-09-02Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A.No.730 of 2019 M/s.Citicorp Finance (India) Ltd., No.25F, Ramakrishna Road, Opp: Saraswathi Nursing Home, Salem - 600 007 Also at Acropolis, 9th Floor, New.No.148, Old.No.68, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004 Assistant Manager, Legal Mr.B.R.Babu ... Applicant Vs.

1. Mr.K.Annadurai S/o.Kangiyan, Old No.5-8-91, New No.3-8-135, Neethipuram, Lakkampatty, Mettur, Salem-636 303 2.Mrs.K.Bathi W/o.Kangiyan Old No.5-8-91, New No.3-8-135, Neethipuram, Lakkampatty, Mettur, Salem-636 303 ..Respondents PRAYER: Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (b), (d) & (e) of the Arbitration and Conciliation Act 1996 praying to pass an order directing the respondents to furnish security

to the tune of Rs.8,37,684.51/- or such sum as this Hon'ble Court may directs within such time that this Hon'ble Court may stipulate along with an order of conditional attachment and in default of the respondents to do so, to order attachment of the property morefully described in the schedule to the petition through the Sub Court, Mettur Salem, District till enforcement of the award and pass such further or other order as this Hon'ble Court. For Applicant : Mr.M.V.Balasubramani For Respondent : Mr.R.Balakrishnan O R D E R This application is filed by the applicant to pass an order directing the respondents to furnish security to the tune of Rs.8,37,684.51/- or such sum as this Court may directs within such time that this Court may stipulate along with an order of conditional attachment and in default of the respondents to do so, to order attachment of the property morefully described in the schedule to the petition through the Sub Court Mettur Salem District till enforcement of the award and pass such further or other order as this Court.

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

3. This Court is of the view that since the award has been passed, the applicant shall workout his remedy before the Execution court by enforcing the award. Accordingly the application is closed. Sd/.N.S.K.J.

02.09.2020 //Certified to be a true copy// Dated this the th day of 2020. su.02.11.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.