Sundaram Finance Limited v. M/S. Varssani Construction Co
Application Nos.5046 to 5062 of 2015 RAJIV SHAKDHER, J.
1. These applications are filed under Section 9 of the Arbitration and Conciliation Act 1996 seeking a direction qua the respondents to furnish security for the sums mentioned in the applications, failing which, to order attachment of the properties morefully described in the judges summons.
2. In these applications, service via private mode was effected on the respondents, despite which, the respondents have chosen not to appear before this Court.
3. Mr.S.Suresh, who appears for the applicant, says that respondent No.1/the principal borrower filed a civil suit No.282 of 2015 before the City Civil Court at Ahmedabad and the said Court has reserved orders in an application preferred under Section 8 of the Arbitration and Conciliation Act, 1996 (in short 'the 1996 Act') by the applicant.
3.1. I am told that the judgement in the said application has not been delivered.
3.2. I had recorded this aspect of the matter in the proceedings held on 03.08.2016 and 12.08.2016.
4. Since, judgement has not been delivered in the application
under Section 8 of the 1996 Act, learned counsel for the applicant prays for attachment of the properties adverted to in the captioned applications, save and except in A.Nos.5051 and 5052 of 2015, as the respondents have not complied with the order dated 29.07.2015, passed by this Court directing them to furnish security in the matters.
5. It appears that, thereafter, the respondents have been served once again, which is effectively reflected in the proceeding of the learned Master dated 19.07.2016. Despite service, the respondents have chosen not to enter appearance in this Court.
6. On the merits, I am informed by the learned counsel for the applicant that the properties referred to in the schedule attached to the judges summons, in each of the applications, is identical. Pertinently, the parties involved in the captioned applications are also same. The only difference being, that, separate contracts were executed between the parties qua which, loans were given. Therefore, the details with regard to each of the applications are set out hereinbelow in the form of a table for the sake of convenience :
Sl.
No.
Application Agreement Due Date Amount due Nos.
Date Rs 5046/2015 30.12.2011 31.03.2015 32,25,266.35 5047/2015 30.12.2011 06.05.2015 45,01,488.23 5048/2015 30.12.2011 31.03.2015 32,21,335.35 5049/2015 30.12.2011 06.05.2015 44,95,350.23 5050/2015 30.12.2011 06.05.2015 44,95,217.23 5053/2015 16.08.2012 06.05.2015 41,17,968.00 5054/2015 16.08.2012 06.05.2015 24,75,395.00 5055/2015 16.08.2012 06.05.2015 22,54,454.00 5056/2015 16.08.2012 06.05.2015 7,51,464.00 5057/2015 16.08.2012 06.05.2015 20,14,929.00 5058/2015 02.08.2013 31.03.2015 79,66,940.19 5059/2015 02.08.2013 31.03.2015 79,66,441.19 5060/2015 02.08.2013 06.05.2015 1,11,23,155.07 5061/2015 02.08.2013 31.03.2015 79,72,552.19 5062/2015 02.08.2013 31.03.2015 79,70,688.19 Total 745,52,644.22
7. Aggregate of the amounts referred in the table above would show that a total sum of Rs.7,45,52,644.22p., is due and payable by respondent No.1. This fact is also, broadly, reflected in my predecessor's order dated 29.07.2015.
8. To be noted, respondents No.2 and 3 are Guarantors to the loan extended by the applicant to respondent No.1.
9. Learned counsel for the applicant further states that arbitration proceeding have been triggered in the captioned matters.
10. Having regard to the fact that the respondents have chosen not to enter appearance in this Court and, given the fact that there is no traverse to the assertions made in the applications, I am inclined to grant the relief of attachment in the captioned applications, save and except in A.Nos.5051 of 2015 and 5052 of 2015. Consequently, A.Nos.5051 of 2015 and 5052 of 2015 are dismissed as not pressed.
10.1. Accordingly, there shall be an order of attachment qua the property described in the schedule appended to the judges summons to the extent of Rs.7,45,52,644.22p., i.e., the claimed amount. For the sake of convenience, the particulars of the said properties are noted hereunder :
"SCHEDULE Item No.1 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mirzapur, Revenue Survey No.109/p - Plot No.77, known as Kovai Nagar, Measure as 98.00 sq.mt.
: Plot No.78 : Plot No.76 : Plot No.61 : 7.5 mtr. Internal Road Item No.2 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mirzapur, Revenue Survey No.109/p - Plot No.78, known as Kovai Nagar, Measure as 98.00 sq.mt.
: Plot No.79 : Plot No.77 : Plot No.70 : 7.5 mtr. Internal Road Item No.3 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mirzapur, Revenue Survey No.109/p - Plot No.79, known as Kovai Nagar, Measure as 98.00 sq.mt.
: Plot No.80 : Plot No.78 : Plot No.69 : 7.5 mtr. Internal Road
Item No.4 Bhuj, Taluka - Bhuj, Mojhe/ Village - Bhuj, Revenue Survey No.21/Paiki 2 land measured Hec. Are 4-05-00, convert into NA, known as "Simandhar City A", Plot No.72, Measures as 120.00 sq.mtr.
: Plot No.73 : Plot No.71 : Plot No.63 : 9 mtr. Internal Road Item No.5 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mirzapur, Revenue Survey No.99/1 land measured Acre 3.03 guntha convert into NA, known as "Suncity-B", 2 nos of plot, Plot No.57 and 58, Measure as 235.65 'X' 281.84 sq.var.
: Plot No.56 : 6 mtr wide road : 6 mtr wide road : Plot No.43 & 44
Item No.6 Bhuj, Taluka - Bhuj, Mojhe/ Village - Bhuj, Revenue Survey No.21/Paiki 2 land measured Hec. Are 4-05-00, convert into NA, known as "Simandhar City A", Plot No.73, Measures as 120.00 sq.mtr.
: Plot No.74 : Plot No.72 : Plot No.62 : 9 mtr. Internal Road Item No.7 Bhuj, Taluka - Bhuj, Mojhe/ Village - Bhuj, Revenue Survey No.21/Paiki 2 land measured Hec. Are 4-05-00, convert into NA, known as "Simandhar City A", Plot No.74, Measures as 120.00 sq.mtr.
: Plot No.75 : Plot No.73 : Plot No.61 : 9 mtr. Internal Road Item No.8
Bhuj, Taluka - Bhuj, Mojhe/ Village - Bhuj, Revenue Survey No.199, NA plot NO.11/p., 11(a) plot measured 111.15 sqr. Mtr., village Panchayat House No.11/10, Construction Area Ground Floor : 50.00 sq.mt.., First Floor : 40.00 sq.mtr., Total 90.00 sq. mtr., city survey No.1453/p.
: City Survey No.1452 property : City Survey No.1453/p property : 10 ft. wide Road, : 25 ft. wide Road Item No.9 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mankuva, Revenue Survey No.63/Paiki NA Plot No.30, Measures as 190.12 sq.mtr.
: Plot No.13 rest of Northern pat : Survey No.61/2 : Existing Road : 6 mtr. Internal Road Item No.10
Bhuj, Taluka - Bhuj, Mojhe/ Village - Mankuva, Revenue Survey No.61/1 Paiki NA Plot No.13/p, (Oiuthern Part), Measures as 236.55 sq.mtr.
: Plot No.13 rest of Northern pat : Survey No.61/2 : Existing Road : 6 mtr. Internal Road Item No.11 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mankuva, Revenue Survey No.63/Paiki NA Plot No.9, Measures as 190.12 sq.mtr.
: Plot No.8 : Plot No.10 : 6 mtr wide road : 6 mtr. Internal Road Item No.12 All that piece and parcel of residential property at Bhuj, Taluka - Bhuj, Mojhe/ Village - Mankuva, Revenue Survey No.199, NA Plot No.10//Paiki 10(B), measures as 222.96 sq.mtr. Village Panchayat House No.11/10, Construction Area Ground Floor : 100.00 sq.mtr., First Floor : 60.000 sq. mtr., Total 160.00 sq. mtr., Ctiy
Survey No.1453/p.
: City Survey No.1453/p property : City Survey No.1453/p property : 10 ft. wide road, : 25 ft. wide road.
Item No.13 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mirzapur, Revenue Survey No.66/1 land measured Acre 1-24-44 are, convert into NA, known as "Suncity-C", 1 nos of plot, Plot No.21, Measure as 120.00 sq. mtr., i.e. 143.52 sq.var. : Plot No.20 : Plot No.22 : 6 mtr wide internal road : Plot No.26 Item No.14 All that piece and parcel of residential at Bhuj, Taluka - Bhuj, Mojhe/ Village - Mankuva, Revenue Survey No.199 in land measured convert into NA, known as "Simandhar City A", Plot No.10(A), Measures as 222.96 sq.mtr.
: Plot No.10(B) house of Gopalbhai Vishrambhai Varsani,
: 25 ft. wide road : 10 ft. wide road : 25 ft. wide road Item No.15 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mirzapur, Revenue Survey No.34/2 Constructed property, measured as total 316.26 sq. mtr/p 153.38 sq.mtr super built up, and 124,62 carpet area.
: rest of construction of Flat : NA Land of R.S.No.34/1 : Lalan College Boundary and Open Land : Plot No.11 Item No.16 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mankuva, Revenue Survey No.61/p NA, Plot No.16, Measure as 232.78 sq.mtr.
: Open Land then Bhuj-Nakhtrana Highway : Plot No.15 : existing road : 6.00 mtr. Wide internal road
Item No.17 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mirzapur, Revenue Survey No.109/p - Plot No.83, known as Kovai Nagar, Measure as 98.00 sq.mt.
: Plot No.84 : Plot No.82 : Plot No.65 : 7.50 mtr. Internal Road Item No.18 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mirzapur, Revenue Survey No.109/p - Plot No.82, known as Kovai Nagar, Measure as 98.00 sq.mt.
: Plot No.83 : Plot No.81 : Plot No.66 : 7.5 mtr. Internal Road Item No.19
Bhuj, Taluka - Bhuj, Mojhe/ Village - Mirzapur, Revenue Survey No.109/p - Plot No.81, known as Kovai Nagar, Measure as 98.00 sq.mt.
: Plot No.81 : Plot No.80 : Plot No.67 : 7.50 mtr. Internal Road Item No.20 Bhuj, Taluka - Bhuj, Mojhe / Village - Mirzapur, Revenue Survey No.109/p - Plot No.80, known as Kovai Nagar, Measure as 98.00 sq.mt.
: Plot No.81 : Plot No.79 : Plot No.68 : 7.50 mtr. Internal Road Item No.21 Bhuj, Taluka - Bhuj, Mojhe/ Village - Sukhapar Navavas Sim, Revenue Survey No.229/3/4/ Hec acre 0-80-94 Plot No.83, known as Kovai Nagar, Measure as 98.00 sq.mt. : Plot No.9
: Plot No.11 : 6.09 Mtr wide road : Vicheni Item No.22 Bhuj, Taluka - Bhuj, Mojhe/ Village - Mankuva, Revenue Survey No.63/p - Plot No.36, known as Varsani Nagar, Measure as 98.00 sq.mt.
: Open land then Bhuj-Nakhtrana Highway : Plot No.15 : existing road : 6.00 mtr. Wide internal Road
11. Since, the arbitration proceedings have been initiated and the same are pending, the parties will have liberty to take necessary steps hereafter, albeit, in accordance with law.
12. Accordingly, the captioned applications are disposed of in the aforesaid terms.
08.09.2016
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RAJIV SHAKDHER, J.
gg A.Nos.5046 to 5062 of 2015 08.09.2016