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Madras High CourtA/5320/2018closed

M/S.Cholamandalam Investment v. Mr.Shankar Youraj Shinde

2020-07-29Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 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.Shankar Youraj Shinde 2.Tukaram Uvaraj Shinde ... 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.5,84,879/- 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 till enforcement of the award passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Principal District Judge, Osmanabad, Maharashtra and the attachment order may be hand delivered to the applicant for transmission. 1/4

For Applicant : Mr. D. Pradeep Kumar

O R D E R

This application has been filed to direct the respondents to furnish security for the sum of Rs.5,84,879/- within a time fixed by this Court failing which the order of attachment of the immovable properties more fully 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 Principal District Judge, Osmanabad, Maharashtra and the attachment order may be hand delivered to the applicant for transmission.

2.

Since the award is already passed, it is open to the applicant to enforce the award without any unnecessary delay, there shall be an order of injunction not to encumber the property for a period of six months.

2/4

3.

Accordingly, this application is closed.

29.07.2020 AT 3/4

N.SATHISH KUMAR, J.

AT 29.07.2020 4/4