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Madras High CourtA/2669/2018closed

M/S.Citi Corp Finance India v. Mr.G.Lalu

2020-09-02Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2020 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR A.No.2669 of 2018 and A.No.8942 of 2018 M/s.Citi Corp Finance India Limited, Thulsi Building, 79/40, G.N.Chetty Road, Next to Accord Metropolitans, T.Nagar, Chennai 600 017 Presently at Acropolis 9th floor, New No.148, (Old No.68) Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

Rep.by its Authorised Signatory Mr.B.R.Babu ...Applicant/Applicant Vs.

1. Mr.G. Lalu, S/o. Geevarghese, H. No. CP VI/690, Madhathilazhikathu Veedu, Poredom P.O.

Kottarakkarakolla, Kollam - 691 534.

2. Mrs. Leelamma Geevarghese S/o.Geevarghese, H. No. CP VI/690, Madhathilazhikathuveedu, Poredom P.O.

Kottarakkarakolla, Kollam - 691 534.

.. Respondents/Respondents

A.No.2669 of 2018:

PRAYER: Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (b), (d) & (e) of Arbitration & Conciliation Act 1996 to pass an order directing the respondent to furnish security to the tune of Rs.31,14,384.78/- or such sum as this Hon'ble Court directs within such time that this Hon'ble Court may stipulate along with an order of conditional attachment and in default of the respondents to do so to order attachment of the property morefully described in the schedule to the petition through the District Court, Alapuzha pending disposal of the arbitral proceedings and the enforcement of the award.

A.No.8942 of 2018:

This application praying that this hon'ble court be pleased to permit the applicants to amend the Schedule of property in the Judges summons filed along with the affidavit in A.No.2669/2018. For Applicant : Mr.V.Balasubramani For Respondent : No Appearance O R D E R This application has been filed to direct the respondents furnish security for a sum of Rs.31,14,384.78/- failing which to attach the immovable property of the respondents morefully described in the schedule, till the enforcement of the Award that may be ultimately passed in the arbitration proceedings.

2. This Court is not inclined to pass any order, it is to be noted that interim measures has to be granted only as per Section 36 of the Arbitration and Conciliation Act. Time for filing the appeal has been lapsed. Hence this application cannot be entertained. Accordingly this application is closed. Consequently A.No.8942 of 2018 is also closed. Sd/.N.S.K.J.

02.09.2020 //Certified to be a true copy// Dated this the th day of 2020. su.09.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.