Madras High CourtA/2110/2018closed

M/S.Cholamandalam Investment v. Mr.Fisal Rahuman A

2020-07-23Honourable Mr Justice N. Sathish Kumar2 pages

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A .No.2110 of 2018 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.Fisal Rahuman A.

S/o.Abbas, 3/163A, Pavathal Mill, Akkananaickenpudur, Palani, Dindigul, Tamil Nadu 624 615.

2.Mrs.Davuladh Nisha A.

W/o.Abbas, 3/163A, Pavathal Mill, Akkananaickenpudur, Palani, Dindigul, Tamil Nadu 624 615.

... Respondents PRAYER: Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (b) of the Arbitration and Conciliation Act 1996, to direct the respondents to furnish security for the sum of Rs.3,50,672/- within a time fixed by this 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 that may be ultimately passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Sub Court, Palani, Tamil Nadu and the attachment order may be hand delivered to the applicant for transmission. https://hcservices.ecourts.gov.in/hcservices/

/ 2 / For Applicant : Mr.D.Pradeep Kumar For Respondents : No Appearance O R D E R This application has been filed to direct the respondents to furnish security for a sum of Rs.3,50,672/- failing which to attach the immovable property of the respondent morefully described in the schedule, till the enforcement of the Award that may be ultimately passed in the arbitration proceedings.

2. The learned counsel appearing for the applicant through video conferencing submitted that the award was already passed.

3. In such view of the matter, this Court is of the view that it is open to the applicant to enforce the award as per law. The respondents can adjudicate their objections in the execution proceedings.

4. With the above observations, this application is closed. Sd/.N.S.K.J 23.07.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/09.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/