Madras High CourtA/3173/2019closed

M/S.Shriram City Union Finance Limited v. Mr.K.Subramani S/O.Mr.Kanniappan

2020-09-03Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.3173 of 2019 M/s.Shriram City Union Finance Limited, having its registered office at No.12, Ramsamy Street, T.Nagar, Chennai - 600 017.

Rep. by its Authorised Signatory Mrs. E.Ramya ...

Applicant versus Mr.K.Subramani, S/o.Mr.Kanniappan No.7/45, Perumal Koil Street, Sembiyam Manali, Vichoor, Ponneri Taluk, Thiruvallur-600 103 ...

Respondent Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(a)(b) and (e) of the Arbitration and Conciliation Act, 1996, to pass an order directing the respondent to furnish security to the tune of Rs.30,52,892/- or such sum as this Court may direct within such time that this Court may stipulate and in case of default to do so, order sale of the property of the respondent more fully described in the schedule to the Judge's Summons and to deposit the sale proceeds into this Court to the

credit of the above application pending initiation, disposal of the arbitration proceeding and the enforcement of the award.

For Applicant : No Appearance

O R D E R

This application has been filed to pass an order directing the respondent to furnish security to the tune of Rs.30,52,892/- or such sum as this Court may direct within such time that this Court may stipulate and in case of default to do so, order sale of the property of the respondent more fully described in the schedule to the Judge's Summons and to deposit the sale proceeds into this Court to the credit of the above application pending initiation, disposal of the arbitration proceeding and the enforcement of the award.

2. Today, when the matter was called, there is no representation on behalf of the applicant. This application is pending from the year 2019 and till date, the applicant is not able to bring any materials before this Court whether the proceedings for arbitration have been initiated or not.

3. In such view of the matter, this Court is of the view the application for interim measure cannot be kept pending endlessly and hence, this application stands closed. It is open to the applicant to enforce the award as per law.

Sd/.N.S.K.J.

03.09.2020 //Certified to be a true copy// Dated this the th day of 2020. su.22.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.