M/S.Cholamandalam Investment v. Mr.Sadiqbhai R Zina

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.No.3405 of 2018 M/s.Cholamandalam Investment and Finance Company Limited, ''Dare House'', No.2, N.S.C., Bose Road, Parrys, Chennai-600 001, rep. By its Authorised Signatory.

. . . Applicant

Versus

1.Mr.Sadiqbhai R.Zina 2.Mr.Rasidbhai I. Zina . . . Respondents PRAYER: Application filed under Order XIV Rule 8 of original side rules r/w. SEC 9(ii)(b) of the Arbitration and Conciliation Act, 1996, to direct the respondents to furnish security for the sum of Rs.7,34,586/- within a time fixed by this Court failing which to order attachment of the immovable properties morefully described in the schedule to the judges summons pending disposal of arbitration proceedings between the applicant and the respondents and till enforcement of the award that may be ultimately passed in the arbitration proceedings and a copy of the attachment order be transmitted through the District Court, Surat, Gujarat and the attachment order may be hand delivered to the applicant for transmission.

For Applicant : Mr.D.Pradeep Kumar For Respondents : No Appearance

ORDER

This Court, by order dated 01.06.2020, directed the first respondent to furnish security for a sum of Rs.7,34,586/- on or before 31.07.2020.

2. Since it is reported that the second respondent died and the first respondent being a legal heir of the second respondent, is liable and since order dated 01.06.2020 was not complied with, the attachment of the immovable properties which fell on the first respondent alone, is to be ordered.

3.With the above observation, this application is closed. Registry is directed to communicate the order to the authorities concerned. 31.07.2020 dn Index : Yes/No Internet : Yes/No Speaking/Non Speaking

N.SATHISH KUMAR, J.

dn A.No.3405 of 2018 31.07.2020