M/S. Cholamandalam Investment And Finance Company Limited v. Mr.Suresh Meher And Another

and A.No.6022 of 2019 M.SUNDAR, J Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 22.02.2022 and 08.03.2022, which read as follows:

Proceedings dated 22.02.2022:

'Mr.D.Pradeep Kumar, learned counsel for applicant (Arb.Appln.No.69 of 2022) submits that the captioned application has been taken out with a prayer to raise the attachment as the matter has since been settled.

2. Issued notice to respondents returnable in a fortnight i.e., returnable by 08.03.2022. Private notice permitted. Private notice through all electronic modes of communications (subject to proof being demonstrated) also permitted.

3. List on 08.03.2022.'

Proceedings dated 08.03.2022:

'Adverting to earlier proceedings dated 22.02.2022 learned counsel Mr.D.Pradeep Kumar requests for further time. Request acceded to.

2. List a fortnight hence. List on 22.03.2022.' Page No.1/6

2. Pursuant to the aforementioned earlier proceedings, Affidavit of Service (AOS) filed in this Court vide Diary No.7148 of 2022 has been placed before this Court and names of both the respondents have also been shown in the cause list.

3. Prayer in the captioned application (Arb.Appln.No.69 of 2022) is to raise an order of attachment dated 26.09.2019 made in A.No.6022 of 2019 (attaching immovable property belonging to the respondent). To be noted, the 'Non-Banking Finance Company' ['NBFC'] in whose favour aforementioned attachment order is operating itself has sought to raise the attachment saying that the matter has been settled. This is articulated in paragraph No.4 of the support affidavit which reads as follows:

'4. I state that the Hon'ble Court by order dated 26.09.2019 was pleased to pass an order attaching the immovable property. I state that pursuant to the attachment order passed by this Hon'ble Court the matter got settled.'

{underlining made by this Court to supply emphasis and highlight}

4. The immovable property which is subject matter of attachment (as described in the Schedule of property in the Judge's summons) is as follows: Page No.2/6

'SCHEDULE OF PROPERTY Lands situated in Mauza-Tentuli Padar, Tahsil-Boudh, Tahsil No.60, Police Station-Boudh, Police Station No.73, District-Boudh, Serial No. of Khatiyan-25/34, Plot No. and Name of the Chakbandi and Area as follows:- Plot No and Name of Chakbandi (Consolidated Holding) No.

Type of Plot property Description of Total Rakba Acre Decima Hector 3 JAMUKHET SARAD EEK N- MOUZABASUMPUR S-CANEL ADI 0.0202 4 JAMUKHET SARAD JAL EEK KITA/5 N-MOUZABASUMPUR S-CANEL ADI 0.2023 9 DADAR AAT NCANELAADI S-OWN 0.1295 KHALIAAMAAL SARAD DUE KITA/7 N-OWN SSUSAN 0.4452 49 KENDU KHET SARAD EEK N-OWN SOWN 0.2185 GHARBARI BARI 0.1052 66 GHARTADA SARAD EEK N-OWN SOWN 0.0283 70 GAATAL SARAD EEK N-OWN SOWN 0.0081 BIMBHA CHACK SARAD EK KITA/6 N-OWN SOWN 0.1538 BIMBHA CHACK SARAD EK KITA/2 N-OWN SOWN 0.089 86 DANDI KHET SARAD EEK N-RASTA S- 0 0.2428 Page No.3/6

Plot No and Name of Chakbandi (Consolidated Holding) No.

Type of Plot property Description of Total Rakba Acre Decima Hector OWN SUNDIMUNDA CAK SARAD DUE N-OWN SSAHEB PRADHAN 0.089 SUNDIMUNDA BANDHTAL SARAD DUE KITA/2 N-OWN SOWN 0.0364 117 BURMAAL MAAL EEK N-OWN SSAHEB PRADHAN 0.0324 TALMUNDACHA K SARAD DUE KITA/2 N-OWN SOWN 0.0161 130/693 TALMUNDA CHACK AAT N-SUSAN SOWN 0.0081 16 PLOTS 1.9707 Estimated Value Rs.7,50,000/- within SRO Tehsil-BOUDH'

5. In the light of the narrative thus far, the order of attachment dated 26.09.2019 is raised. This will be treated as an order akin to an order under Order XXXVIII Rule 9 of 'the Code of Civil Procedure, 1908' (Central Act V of 1908) [hereinafter 'CPC' for the sake of brevity, convenience and clarity]. In other words, this is an order of removal of attachment owing to settlement.

6. Prayer in the captioned application being acceded to will also mean Page No.4/6

that this order shall be duly communicated to the Jurisdictional Registration Office through the District and Sessions Judge at Boudh, State of Orissa and Jurisdictional Registrational Office ['SRO'] Tehsil-BOUDH, who shall made necessary entries in the Revenue records to ensure that encumbrance/s if any is/are deleted.

7. Captioned Arb Application is ordered in aforesaid manner. There shall be no order as to costs.

22.03.2022 gpa/nsa Page No.5/6

M.SUNDAR, J gpa/nsa and A.No.6022 of 2019 22.03.2022 Page No.6/6