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Madras High CourtArb Appln/199/2022allowed

M/S.Cholamandalam Investment And Finance Company Limited v. Mrs.Jaina B And Another

2022-11-01Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

Arb. Appln.No.199 of 2022 Arb Application No.199 of 2022 SENTHILKUMAR RAMAMOORTHY J.

This application to raise an earlier order of attachment is presented by the lender at whose instance such order was issued.

2. In paragraph four of the affidavit in support of this application, it is stated that the respondents entered into a settlement with the applicant and discharged the liability.

3. The lender, at whose instance the order of attachment was issued, has filed the present application because the respondents discharged their liability. Consequently, the order raising the attachment would enure to the benefit of the respondents and certainly would not cause prejudice to them. In those circumstances, notice to the respondents is dispensed with.

4. For reasons set out above, this application is allowed and the order of attachment dated 13.12.2017 in Application No.4879 of 2017, in respect of the property described in the schedule to the judges summons, is hereby raised. A copy of this order shall be transmitted to the SRO, Madukkarai through the District Court, Coimbatore. rrg 01.11.2022 _____________ Page No.1 of 2 https://www.mhc.tn.gov.in/judis

Arb. Appln.No.199 of 2022 SENTHILKUMAR RAMAMOORTHY rrg Arb. Appln No.199 of 2022 01.11.2022 _____________ Page No.2 of 2 https://www.mhc.tn.gov.in/judis