Cholamandalam Investment And Finance Co Ltd v. Kondapalli Nagarani
Arb.Appln.No.404 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2025
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 404 of 2025 in Application No.5692 of 2017 Cholamandalam Investment and Finance Company Limited 'Dare House, No.Chola Crest, No.2, N.S.C. Boase Road, Parrys, Chennai - 600 001 represented by its Authorised Signtory ..Applicant.
Vs
1. Kondapalli Nagarani W/o.Kondapalli Srivasarao, C-20, R and B Quarters, Police Quarters, Labbipet, Krishna, Vijayawada, Andhra Pradesh 520 010.
2. Mr.Kondapalli Srinivasarao, S/o.Kondapalli Srivasarao, C-20, R and B Quarters, Police Quarters, Labbipet, Krishna, Vijayawada, Andhra Pradesh 520 010.
..Respondents For Applicant: Mr.D.Pradeep Kumar
ORDER
The respondents have been duly served in this application. The affidavit of service enclosing the acknowledgement cards have also been filed. The names of the respondents are also printed in the cause list today. Despite service of notice in this application, the respondents have chosen not to enter appearance. Hence, the respondents are set exparte by this Court. https://www.mhc.tn.gov.in/judis
Arb.Appln.No.404 of 2025 ABDUL QUDDHOSE,J.
2. This Application has been filed seeking payment out of Rs.80,432/- lying to the credit of A.No.5692 of 2017 as Court deposit. The said deposit was made by the respondents pursuant to an order dated 12.03.2018 in Application No.5692 of 2017. Admittedly, the respondents are defaulters in the repayment of the loan to the applicant. The respondents have also chosen not to enter appearance in this application to defend the same. The applicant is having the benefit of arbitral award passed in their favour against the respondents which will reveal that a sum in excess of the amount of Rs.82,322/- is due and payable by the respondents to the applicant.
3. This Court is satisfied with the reasons contained in the affidavit filed in support of the application seeking payment out of a sum of Rs. 80,432/-. Accordingly, this Application is allowed as prayed for and a direction is issued to the Registry to pay out the sum of Rs.80,432/- which is lying to the credit of A.No.5692 of 2017 in favour of the applicant as expeditiously as possible. 01.04.2025 vsi Arb Appln No. 404 of 2025 in Application No.5692 of 2017 https://www.mhc.tn.gov.in/judis