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Madras High CourtA/560/2019dismissed

Cholamandalam Investment And Finance Co .,Ltd v. Mr.Ajay Pal S/O.Ramji Lal

2020-07-06Honourable Mr Justice N. Sathish Kumar3 pages

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.No.560 of 2019 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

Versus

Mr.Ajay Pal, S/o.Ramji Lal, H.No.8, Surya Vihar, Part - 3, Sehatpur, Sector -91, Faridabad, Haryana - 121013.

. . . Respondent PRAYER: Application filed under Order XIV Rule 8 of original side rules r/w.SEC 9(ii)(b) of the Arbitration and Conciliation Act, 1996, to direct the respondent to furnish security for the sum of Rs.8,41,894.45/- 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 pending initiation and disposal of arbitration proceedings between

/ 2 / the applicant and the respondent and till enforcement of the award that may be ultimately passed in 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 be transmitted through the District Court, Faridabad, Haryana and the attachment order may be hand delivered to the applicant for transmission.

For Applicant :

Mr.D.Pradeep Kumar For Respondent :

No appearance

ORDER

This application has been filed to direct the respondent to furnish security for the sum of Rs.8,41,894.45/- 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 pending initiation and disposal of arbitration proceedings between the applicant and the respondent and till enforcement of the award that may be ultimately passed in 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 be

/ 3 / transmitted through the District Court, Faridabad, Haryana and the attachment order may be hand delivered to the applicant for transmission.

2. The learned counsel appearing for the applicant submitted that the arbitration proceedings have been initiated and pending and he further submitted that the vehicle has already been seized and sold.

3. In such view of the matter, this Court is not inclined to pass any order in this application. However, liberty is granted to the applicant to approach the Arbitrator for appropriate relief under Section 17 of the Arbitration and Conciliation Act. Hence, this application is closed. Sd/.N.S.K.J.

06.07.2020 //Certified to be a true copy// Dated this the day of 2020. SU/10.07.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.