M/S.Cholamandalam Investment v. Mr.Nelsan Allis Soman

Application No.2104 of 2018 PUSHPA SATHYANARAYANA, J.

This Court, upon hearing the learned counsel for the applicant, vide order dated 11.06.2019, directed the respondent to furnish security to the extent of the claim made in the application being an amount of Rs.17,75,173/-, on or before 09.07.2019, failing which, an order of attachment order would be passed.

2.

When the matter is taken up for hearing today, learned counsel for the applicant would submit that no security has been furnished as directed by this Court. He would further submit that an award in arbitration between the applicant and the respondent has been passed on 02.01.2018.

3.

Heard the learned counsel appearing for the applicant. 4.

Notice sent to the respondent with regard to furnish security ordered by this Court returned with an endorsement "left". and affidavit of service is also filed to that effect. Paper Publication was also effected on the respondent. Though the name of the http://www.judis.nic.in

PUSHPA SATHYANARAYANA, J.

vv respondent is printed in the cause list after service by paper publication, there is no representation for him either in person or through counsel. Hence, service to the respondent is held sufficient. In the above circumstances, there shall be an order of attachment as prayed for. The order of attachment shall be transmitted through the District and Sessions Court, Raigad District, Maharashtra and the attachment order may be hand delivered to the applicant for transmission.

5.

In view of the above direction, nothing further survives for adjudication and this application stands closed. The parties are free to take such action, as they may desire hereinafter, in accordance with law.

09.07.2019 vv Application No.2104 of 2018 http://www.judis.nic.in