Cholamandalam Investment And Finance Co Ltd v. Aswinraj R

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY Arb Appln No. 116 of 2026 M/s. Cholamandalam Investment and Finance Co. Ltd., Represented by its Authorised Signatory Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai-600 032.

..Applicant Vs

1. Aswinraj R S/o.Ramalingam,

2. Vipinraj R, S/o. Ramalingam, (Respondents 1 and 2 are residing at 712/2A, Thottathu Salai Zaminkalathur, Poravipalayam, Near Bathrakaliamman Kovil, Pollachi, Coimbatore, Tamil Nadu 642110.

..Respondents Prayer : Application is filed under Order XIV Rule 8 of the Original Side Rules Read With Section 9(1)(ii)(b) of the Arbitration and Conciliation Act, 1996 to direct the Respondents to furnish security for the sum of Rs.1,71,791/- 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 till enforcement of the award passed in the arbitration proceedings

and a copy of the attachment order be transmitted through the Principal District Court, Coimbatore, Tamil Nadu and the attachment order may be hand delivered to the applicant for transmission.

For Applicant:

Mr.D.Pradeep Kumar

ORDER

The applicant is a non-banking financial company, which had extended credit facilities to the respondents for purposes of purchasing a vehicle. Upon default in servicing loan obligations, the applicant invoked the arbitration clause and an arbitral tribunal was constituted. An award was issued in favour of the applicant. Prior to enforcement thereof, the applicant has approached this Court for a direction to the respondents to provide security for the amounts awarded, failing which to attach the immovable assets described in the schedule to the Judge's summons.

2. When the application was listed for admission, the respondents were directed to provide security. The respondents failed to do so in spite of receipt of notice.

3. Considering the fact that this is a post award application and the respondents have failed to provide security, there shall be an order of

attachment of immovable assets described in the schedule to the Judge's summons. A copy of this order shall be transmitted through the Principal District Court, Coimbatore to the jurisdictional Sub-Registrar for effecting the attachment and reflecting the same in the record of encumbrances. The applicant shall communicate this order to the respondents. 24-03-2026 KJ To The Principal District Court, Coimbatore.

SENTHILKUMAR RAMAMOORTHY, J.

kj Arb. Appln. No. 116 of 2026 24.03.2026