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Madras High CourtA/418/2019withdrawn dismissed

Cholamandalam Investment And Finance Company Ltd v. Mr.Dipak Kashinath Rahane

2020-08-13Honourable Mr Justice N. Sathish Kumar3 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.418 of 2019 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Disputes between M/s. Cholamandalam Investment and Finance Company Ltd., and Mr.Dipak Kashinath Rahane & another Arising under Loan Agreement No. XTRAKHM00001 824981 Dated 31.10.2016.

M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001.

Represented by its Authorised Signatory.

: Applicant Vs.

1. Mr.Dipak Kashinath Rahane S/o. Kashinath Rahane 883, A/P - Sonala, Sangrampur, Buldhana, Maharashtra 444204.

2. Mr.Vijay Shriram Katakar S/o. Shriram Katakar 1401, AT PO Sonala, Tq - Sangrampur, Dist - Buldhana Maharashtra 444 201.

: Respondents

/ 2 / Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(b) of the Arbitration and Conciliation Act, 1996, to direct the respondents to furnish security for the sum of Rs.5,59,787.92 within a time fixed by this Court, failing which to order attachment of the immovable property morefully described in the Schedule to the Judges Summons pending disposal of 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 be transmitted through the Principal District Court, Buldana, Maharashtra and the attachment order may be hand delivered to the applicant for transmission.

For Applicant : Mr.D.Pradeep Kumar For Respondents : No Appearance

O R D E R

This application has been filed to direct the respondents to furnish security for the sum of Rs.5,59,787.92 within a time fixed by this Court, failing which to order attachment of the immovable property morefully described in the Schedule to the Judges Summons pending disposal of 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 be transmitted through the Principal District Court, Buldana, Maharashtra and the attachment order may be hand delivered to the applicant for transmission.

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2. Today, when the application is taken up for consideration, the learned counsel appearing for the applicant through video conferencing seeks permission of this Court to withdraw the application and he has also produced a letter dated 13.08.2020 requesting to withdraw the application before this Court.

3. In view of the same, this application is dismissed as withdrawn. Sd/.N.S.K.J.

13.08.2020 //Certified to be a true copy// Dated this the day of 2020. SU/09.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.