Cholamandalam Investment And Finance Co.Ltd v. Baidyanath Padhan,At -Sindurpur Po-Binka,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY THE 29TH DAY OF AUGUST 2019 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYAN A. No.1147 of 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s. Cholamandalam Investment and Finance Company Ltd., and Mr.Baidyanath Padhan & another Arising under Loan Agreement No.
XVFPBGH00001205141 Dated 26.05.2014.
M/s. Cholamandalam Investment and Finance Company Limited 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai 600 001.
Represented by its Authorised Signatory : Applicant Vs.
1. Mr.Baidyanath Padhan S/o. Bharat Padhan AT - Sindurpur, PO - Binka Sonepur, Odisha - 767019.
2. Mrs.Raseswari Padhan W/o. Baidyanath Padhan AT - Sindurpur, PO - Binka Sonepur, Odisha - 767019.
:Respondents Application praying that this Hon'ble Court be pleased to direct the respondent to furnish security for the sum of Rs.2,85,387/- within a time fixed by this Hon'ble Court failing which to order attachment of the immovable properties more fully 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 District and Session Judge, sonepur, Orissa and the attachment order may be hand
delivered to the applicant for transmission.
This application coming on this day before this court for hearing in the presence of Mr.D.PradeepKumar, Advocate for the Applicant herein, and the respondent herein not appearing in person or by advocate and upon reading the order herein dated 12.02.2019,It is ordered as follows:
That the immovable properties more fully set out in the schedule hereunder be and are hereby attached and the same do remain under attachment until further orders of this court.
2. That 2 copies of this order be transmitted to the District and Session Judge, sonepur, Orissa, for effecting the attachment and the said court do cause the said immovable properties to be attached through Senior Bailiff of the said Court in respect of the claim of a sum of Rs.2,85,387/- (Rupees two lakhs eighty five thousand three hundred and eighty seven only) and communicate the effect of such attachment to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable properties are situated.
3. That the attachment order shall be hand delivered to the applicant for transmission.
4. That the parties hereto are free to take such action, as they shall desire hereinafter, in accordance with law.
5. That the A.No. 1147 of 2019 do stand closed. Schedule of Property Land situated in Mauza : Sindurpur, Tahasil : Binka, Tahasil No.04, Police Station : Binka, Police Station
No.44, District : Sonepur, Serial Number of Khatiyan - (*) 294/141, Plot No. & Name of the Chakbandi : 209/1622, Type of Plot Property : Gharbari, Area : Acre 0, Decimal (*) 030 Hector 0.0121.
Within SRO, Tehsil - Binka (*) Amended as per order dated 27.07.2021 in Arb.A.No.82/2021.
Sd./- (07.09.2021) ASSISTANT REGISTRAR(COMM.CASES) WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 29TH DAY OF AUGUST 2019.
Sd./- ASSISTANT REGISTRAR(COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SK
11.10.2019 A.No.1147 of 2019
ORDER
DATED :29.08.2019 THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYAN FOR APPROVAL: 22.10.2019 APPROVED ON: 24.10.2019