M/S.Shriram Finance Limited v. Vivekandaswamy K And Another

Arb.Appln.No.36 of 2022 C.SARAVANAN, J.

Despite service of notice on the respondents and the name being printed in the Cause List, there is no representation on behalf of the respondents.

2. By an order dated 28.08.2023, this Court had concluded that there was a prima facie case made out by the applicant and therefore, directed the respondents to furnish security to the extent of the suit claim of Rs.48,11,326/- failing which, attachment would be ordered. Thereafter, notice taken out on the respondents remained unserved and therefore substituted service of notice was ordered which was effected by the applicant through Paper Publication in English Newspaper "Business Standard" on 11.10.2023 and in a Kannada Daily Newspaper "Samyukta Karnataka" on 03.08.2023.

3. Being satisfied with the reasons given in the affidavit filed in

support of this application, this Court is inclined to attach the schedule mentioned property of the respondents.

4. Registry is directed to communicate the order of this Court to jurisdictional Execution Court/District Court, Bangalore through jurisdictional Sub-Registrar's Office.

5. It appears that the Award has also been passed on 09.11.2022. It is open for the applicant to take appropriate steps before the jurisdictional Execution Court/District Court, Bangalore under Order 21 of the Code of Civil Procedure, 1908.

6. This Arbitration Application is disposed of with the above observations.

20.11.2023 arb C.SARAVANAN, J.

arb

Arb.Appln.No.36 of 2022 20.11.2023