M/S. Cholamandalam Investment And Finance Company Limited, v. Mr.Alaghu Sundara Moorthy A,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY THE 08TH DAY OF FEBRUARY 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR A.No. 1022 of 2019 in A. No. 8512 of 2017 In the matter of Arbitration & Conciliation Act, 1996.
And In the matter of - Dispute -between M/s.Cholamandalam Investment and Finance Company Ltd. And Mr.Alaghu Sundara Moorthy.A & another Arising under Loan Agreement No.XVFPTRN00001111849 Dated 31.12.2013.
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/Applicant Vs.
1. Mr.Alaghu Sundara Moorthy.A S/o. Anaikutty.A, Old No.7/1/21, New No.21/1, Salaivinayagar Kovil Street, Sambavar Vada Karai, Tenkasi Taluk, Near Vinayagar Temple, Tirunelveli, Tamilnadu-627 856.
2. Mr.Mr.Anai Kutty.A S/o. Arumugam, Old No.7/1/21, New No.21/1, Salaivinayagar Kovil Street, Sambavar Vada Karai, Tenkasi Taluk, Near Vinayagar Temple, Tirunelveli, Tamilnadu-627 856. :Respondents/Respondents Application praying that this Hon'ble Court be pleased to raise the order of attachment dated 20.04.2018 made in A.No. 8512 of 2017 attaching the immovable property more fully described in the schedule to the judges summons
and a copy of this order raising attachment be transmitted through the Subordinate Court, Tenkasi.
This application coming on this day before this court for hearing in the presence of Mr.N.Santhosh Nagarajan, Advocate for the Applicant herein, and the respondent herein not appearing in person or by advocate and upon reading the judges summons and the affidavit of S.Sivasubramanian filed herein and the order herein 20.04.2018, and the learned counsel for the applicant having submitted that subsequent to the said order of attachment, the respondents came forward for a settlement and the matter has been settled and entire due payable to the applicant has been paid and settled by the respondent and therefore, the applicant has filed this application to raise the attachment dated 20.04.2018 and the said submission is recorded, It is ordered as follows: That the order of attachment granted in pursuance of the order dated 20.04.2018, made in A.No.8512 of 2017 attaching the immovable property morefully set out in the schedule hereunder, be and is hereby raised.
SCHEDULE OF PROPERTY Land situated in Survey No.542/1 measuring an extent of Hectare 0.09.5 equalent to 24 cents in Sambavar Vadakarai Village and situate with Sub Registration District of Idaikkal and situate within Registration District of Tenkasi.
WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 08th DAY OF FEBRUARY 2019.
Sd./- ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SK 14.02.2019 A.No. 1022 of 2019 in A. No. 8512 of 2017
ORDER
DATED :08.02.2019 THE HON'BLE MR.JUSTICE R.SURESH KUMAR FOR APPROVAL:14.02.2019 APPROVED ON: 14.02.2019 Copy to:
1. The Sub Registrar The Sub Registrar's Office Edaikkal, Tirunelvli District.