M/S.Cholamandalam Investment v. Mr.Bhupendrabhai Harkhabhai

A.No.3105 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.No.3105 of 2018 M/s. Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C. Bose Road, Parrys, Chennai - 600 001.

Represented by its Authorised Signatory.

... Applicant Vs.

1.Bhupendrabhai Harkhabhai Patel 2.Harkhabhai Chhaganbhai Patel ... Respondents Prayer: Application filed under Order XIV, Rule 8 of O.S.Rules r/w Section 9(ii) (b) of the Arbitration and Conciliation Act, 1996 to direct the respondents to furnish security for the sum of Rs.3,26,106/- within a time fixed by this Court failing which to order of attachment of the immovable properties morefully described in the schedule to the Judges Summons till enforcement of the award passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Taluka Court, Borsad, Gujarat and the attachment order may be hand delivered to the applicant for transmission.

For Applicant : Mr. D. Pradeep Kumar http://www.judis.nic.in 1/2

A.No.3105 of 2018 N.SATHISH KUMAR, J.

O R D E R

It is stated by the learned counsel appearing for the applicant that the second respondent is dead. The first respondent is the son of the second respondent and shares of the second respondent devolves upon the first respondent. 2.

Taking note of the above facts, as the first respondent failed to furnish the security despite the order of this Court, there shall be an attachment in respect of the first respondent's share alone. The registry is directed to intimate the Order of attachment to the concerned Registrar.

3.

With the above observations, this application is closed. 14.08.2020 AT A.No.3105 of 2018 http://www.judis.nic.in 2/2