Madras High CourtA/1362/2020closed

M/S.Cholamandalam Investment And Finance Co.,Ltd., v. Mr.Balvantsinh Pratapsinh Rathod And Another

2020-12-15Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 15TH DAY OF DECEMBER 2020 THE HON'BLE MS. JUSTICE P.T.ASHA A. No.1362 of 2020 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Limited and Mr.

Balvantsinh Pratapsinh Rathod and another arising under Loan Agreement No.XSHUAND0000167474 dated 14.05.2016.

M/S.CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, Dare House,No.2, N.S.C.Bose Road, Parrys, Chennai-600001.

Represented by its Authorised Signatory ..Applicant -Vs1. MR.BALVANTSINH PRATAPSINH RATHOD, S/o.Pratapsinh Rathod, Rajnagar, At-Anklav Dist-Anand.

Gujarat-388 510.

2. MR.PRATAPSINH UDESINH RATHOD S/o.Udesinh Rathod, Rajnagar At Anklav, Dist-Anand, Gujarat - 388 510.

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

Application praying that this Hon'ble Court be pleased to direct the Respondents to furnish security for the sum of Rs.2,08,925.78/- 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 pending initiation and disposal of arbitration proceedings between the Applicant and the Respondents and 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 District Court, Anand, Gujarat and the attachment order may be hand delivered to the applicant for transmission.

This Application coming on this day before this court for hearing the court made the following order:

The applicant has not taken out publication, however, the private notice which has been issued has been served on the respondent.

2. Considering the fact that the Arbitral Tribunal has been constituted and seized of the matter, the application is closed giving liberty to the applicant to approach the Arbitral tribunal for orders of attachment. Sd/.P.T.A.J.

15.12.2020 //Certified to be a true copy// Dated this the th day of 2020. su.18.12.2020 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/