Madras High CourtA/2151/2019closed

M/S.Shriram City Union Finance Ltd v. Mr.Muhmmad Raeesh S/O.Mr.Mohmmed Yusuf Shaikh

2020-09-25Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 25TH DAY OF SEPTEMBER 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.2151 of 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Arbitration of dispute between - Mr.Muhmmad Raeesh - Loan Agreement No.CDJAUTF1705230001; dated 23.05.2017.

M/s.Shriram City Union Finance Limited, having its Registered office at No.12, Ramasamy Street, T.Nagar, Chennai Rep.by its Authorized Signatory Mrs.E.Ramya : Applicant Vs.

Mr.Muhmmad Raeesh, Son of Mr.Mohammed Yusuf Shaikh, House No.121, Village Amiliya, Post: Brahmanpur, P.S. - Chandawak, Lebura, Near Mohammadi Masjid, District Janupur, Uttar Pradesh-222148.

Also at: M/s.Aqua in ARO Water, Amiliya Brahmanpur, Near Mohammadi Masjid, Thesil - Kerakat, District Jaunpur, Uttar Pradesh - 222 148 : Respondent

Application praying that this Hon'ble Court be pleased pleased to direct the respondent to furnish security to the tune of Rs.38,26,180/- or such sum that this Hon'ble Court may direct; within such time that this Hon'ble Court may stipulate along with an order sale of the property of the respondent more fully described in the schedule to the Judge's summons pending commencement and disposal of the arbitral proceedings and the enforement of the award.

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

This application has been filed to direct the respondent to furnish security to the tune of Rs.38,26,180/-, and in case of default to do so, order sale of the property of the respondents morefully described in the Schedule to the Judges Summons and to deposit the sale proceeds to the credit of the above application pending initiation and disposal of the arbitration proceeding and enforcement of the award.

2. Today, when the matter is taken up for hearing, there is no representation on either side. Instant application is pending from the year 2019 and whether arbitration is initiated or not has not informed this Court.

3. In such a view of the matter, mere for the sake of relief, order of furnishing security, cannot be ordered. Accordingly, instant application is closed.

Sd/.N.S.K.J.

25.09.2020 //Certified to be a true copy// Dated this the th day of 2020. Su.28.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.