M/S Manapuram Finance Limited v. Mr.Venkatajalam And 2 Others

A. No. 359 of 2021 Application No. 359 of 2021 N.SATHISH KUMAR,J.

This application has been filed to direct the respondent to furnish security to the satisfaction of an amount of Rs.9,33,836.42/- failing which order for attachment of immovable property of the 1st respondent more fully described in the schedule-I to the Judges summons pending initiation and disposal of 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 to be transmitted through the Sub-Court, Arcot and the attachment order may be hand delivered to the applicant for transmission.

2. Heard the learned counsel for the applicant and the learned counsel for the respondents.

3. Despite application has been filed for an interim relief, no steps have been taken to invoke arbitration. The same clearly indicates Page No:1/2 https://www.mhc.tn.gov.in/judis/

A. No. 359 of 2021 N. SATHISH KUMAR,J.

msv/skr that there is no manifest intention on the part of the applicant to refer the matter for arbitration. In such view of the matter, I am not inclined to grant the relief. It is for the applicant to invoke arbitration and seek interim order as per Section 17 of the Act.

4.Accordingly, this application is closed.

20.09.2021 msv/skr A. No. 359 of 2021 Page No:2/2 https://www.mhc.tn.gov.in/judis/