M/S. Cholamandalam Investment And Finance Co., Ltd., v. Mr.Brahmananda Panda
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY THE 24th DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Brahmananda Panda Arising under Loan Agreement No.
XVFPBNR00001560234 Dated 23.12.2016.
M/s.Cholamandalam Investment and Finance Company Limited, No.45, Justice Basheer Ahmed Sayeed Building IInd Floor, 2nd Line Beach, Moore Street, Parrys, Chennai 600 001.
Represented by its Authorised Signatory ... Applicant -VersusMr.Brahmananda Panda S/o. Bimbadhar Panda, Pratapsasan, Balakati Balianta, Khurda, Balakati, Near Bhagabati Temple, Odisha - 752 100.
... Respondent Application praying that this Hon'ble Court be pleased to direct the Respondent to furnish security for the sum of Rs.2,45,747/- within a time fixed by its Hon'ble Court failing which to order attachment of immovable properties more fully described in the Schedule to the Judges Summons pending initiation and disposal of the 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 Court of District Judge, Khordha, Bhubaneswar, Odisha and the attachment order may be hand delivered to the applicant for transmission. This application coming on this day before this court for hearing in the presence of Mr.D.Pradeep Kumar, Advocate for the Applicant herein, and the respondent herein not appearing in person or by advocate and upon reading the judges summons and the affidavit of S.Sivasubramanian filed herein, it is ordered as follows:- That the respondent herein be and is herey directed to furnish security to the extent of claim a sum of Rs.2,45,747/- (Rupees two lakhs forty five thousand seven hundred and forty seven only) within a period of four weeks from this date i.e, on or before 21.09.2021.
2. That the Arb.A.No.71 of 2021 be posted on 21.09.2021. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24th DAY OF AUGUST 2021.
Sd./- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SK-02.09.2021
ORDER
DATED : 24.08.2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN FOR APPROVAL: 03.09.2021 APPROVED ON: 03.09.2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY THE 24th DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Brahmananda Panda Arising under Loan Agreement No.
XVFPBNR00001560234 Dated 23.12.2016.
M/s.Cholamandalam Investment and Finance Company Limited, No.45, Justice Basheer Ahmed Sayeed Building IInd Floor, 2nd Line Beach, Moore Street, Parrys, Chennai 600 001.
Represented by its Authorised Signatory ... Applicant -VersusMr.Brahmananda Panda S/o. Bimbadhar Panda, Pratapsasan, Balakati Balianta, Khurda, Balakati, Near Bhagabati Temple, Odisha - 752 100.
... Respondent Application praying that this Hon'ble Court be pleased to direct the Respondent to furnish security for the sum of Rs.2,45,747/- within a time fixed by its Hon'ble Court failing which to order attachment of
immovable properties more fully described in the Schedule to the Judges Summons pending initiation and disposal of the 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 Court of District Judge, Khordha, Bhubaneswar, Odisha and the attachment order may be hand delivered to the applicant for transmission. This application coming on this day before this court for hearing, the Court made the following order:- This application is filed seeking a direction to the respondents to furnish security for the sum of Rs.
2,45,747/- 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 initiation and 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 Court of District Judge, Khordha, Bhubaneswar, Odisha and the attachment order may be hand delivered to the applicant for transmission.
2. Notice was ordered to the respondents in this application, on
27.07.2021. The respondents were served and affidavit of service has also been filed.
3. Even though service of notice has been effected and the name of the respondents are also printed in the cause list, the respondents have not chosen to appear either in person or through counsel.
4. Therefore, the respondents are directed to furnish security to the extent of the claim made by the applicant within a period of four weeks. This application is ordered accordingly.
Sd./-(V.P.N.J.,) 24.08.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.