M/S. Cholamandalam Invesment And Finance Company Limited. v. Mr.Nabin Pradhan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 27th DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.5034 of 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Nabin Pradhan Arising under Loan Agreement No.X0CEBGH00002023877 Dated 24.06.2017.
M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001 Represented by its Authorized Signatory ... Applicant/Applicant -VersusMr.Nabin Pradhan, S/o. Pacham Pradhan, AT-Nalipani, PO-Bhainsadarha, PS-Jharabandh, UP School, Bargarh, Odisha-768 042.
... Respondent/Respondent Application praying that this Hon'ble Court be pleased to raise the order of attachment dated 25.09.2020 made in A.No.5034 of 2019 attaching the immovable property more fully described in the schedule to the judges
summons and a copy of the order raising attachment be transmitted through the District and Session Judge, Bargarh, Orissa and communicated to SRO - This application coming on this day before this court for hearing in the presence of Mr.D.Pradeep Kumar, Advocate for the Applicant herein, and the respondent herein not appearing in person or by advocate and upon reading the judges summons and the affidavit of S.Sivasubramanian, filed herein and the order herein dated 07.12.2020 made in A.No.5034 of 2019, It is ordered as follows:
That the order of attachment granted in pursuance of the order dated 25.09.2020 made in A.No.5034 of 2019 attaching the immovable property morefully set out in the schedule hereunder, be and is hereby raised.
Schedule of Property Land situated in Mauza - Kurulipali, Tahsil - Jharband, Tahsil No.53, Police Station - Jharband, Police Station No.53, District - Bargarh, Serial No. of Khatiyan - 171/101, Plot No. and Name of the Chakbandi & Area as follows:- Plot No and Name of Chakbandi (Consolidated Holding) No.
Type of Plot Property Rakba Acre Decimal Hector 739/1588 BARNA SADHARAN 0.2347
735 DALKI BARNA BARNA SADHARAN 0.0526 737 BAMRU BARNA BARNA SADHARAN 0.0728 738 BAMRU BARNA BARNA SADHARAN 0.0769 279 GAUNIA BARNA BARNA SADHARAN 2.0841 858/1418 BARI TARA AAT SADHARAN 0.0850 1118/1465 MAHULA AAT AAT SADHARAN 0.0121 7 PLOT 2.6182 Within SRO Tehsil - Jharband WITNESS THE HONBLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID THIS THE 27TH DAY OF JULY 2021.
Sd./- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SK 06.8.2021 A.No.5034 of 2019
ORDER
DATED : 27.07.2021 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR FOR APPROVAL: 16.08.2021 APPROVED ON:17.08.2021 Copy to:
1. The District Court Bargarh, Orissa.
The Sub Registrar, The Sub Registration Office,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 27th DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.5034 of 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Nabin Pradhan Arising under Loan Agreement No.X0CEBGH00002023877 Dated 24.06.2017.
M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001 Represented by its Authorized Signatory ... Applicant/Applicant -VersusMr.Nabin Pradhan, S/o. Pacham Pradhan, AT-Nalipani, PO-Bhainsadarha, PS-Jharabandh, UP School, Bargarh, Odisha-768 042.
... Respondent/Respondent Application praying that this Hon'ble Court be pleased to raise the order of attachment dated 25.09.2020 made in A.No.5034 of 2019 attaching the immovable property more fully described in the schedule to the judges summons and a copy of the order raising attachment be transmitted through
the District and Session Judge, Bargarh, Orissa and communicated to SRO - This application coming on this day before this court for hearing, The Court made the following order:
This application has been filed to raise the Order of attachment Ordered by this Court on 25.09.2020.
2. This application has been filed by the finance company itself for raising the Order of attachment Ordered by this Court. The learned counsel for the applicant submitted that the matter has been settled and the Order of attachment may be raised.
3. Having regard to the fact that this application has been filed by the finance company itself stating that the matter has been settled, the Order of attachment ordered by this Court on 25.09.2020 has to be raised.
4. This application is Ordered accordingly. The Registry is directed to communicate the Order of raising the attachment to the concerned Registrar.
Sd./-N.S.K.J.
27.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.