M/S.Cholamandalam Investment v. M/S.Baba Tours And Travels

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21/7/2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Application No.5545 of 2018 Cholamandalam Investment and Finance Company Limited rep. By its Authorised Signatory Date House, No.2 NSC Bose Road Parrys Chennai 600 001.

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Applicant Vs M/s. BabaTours and Travels Prop. Mr.Nausad Pathan 111 AT Po.Rahata 34 Chari, Ahmednagar Tal Rahata Maharashtra 423 107.

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Respondent Application filed under XIV Rule 8 of Original Side Rules, 1956 r/w. Section 9 (ii) (b) of the Arbitration and Conciliation Act, 1996. For applicant ...

Mr.D.Pradeep Kumar - - - - - -

O R D E R

This application has been filed to direct the respondent to furnish security to the tune of Rs.4,39,502.06 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 respondent 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 Civil Judge Junior Division, Rahata, Maharashtra and the attachment order may be hand delivered to the applicant for transmission.

2. This Court by an Order, dated 9/3/2020, had directed the respondent to furnish security. Despite the same, the respondent has not furnished security. Hence, the applicant seeks for an Order of attachment of the property of the respondent.

3. In view of the same, there shall be an interim Order of attachment as against the respondent. In the meanwhile, the applicant

shall initiate arbitration proceedings within three months, failing which, the interim Order granted by this Court stands automatically vacated. Registry is directed to intimate the Order of attachment to the concerned Registrar.

4. With the above observations, this application is closed. 21/7/2020 mvs.

N.SATHISH KUMAR,J mvs.

Application No.5545 of 2018 21/7/2020