Madras High CourtArb Appln/109/2021allowed

M/S. Sundaram Finance Limited v. Mr. S. Ravi

2021-08-05Honourable Mr Justice Abdul Quddhose8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 05TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Arb.A.No.109 of 2021 and A. No.1721 of 2015 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Loan Agreement Under Contract No.HO18400073 dated 01.09.2012.

Represented by its Senior Manager -Legal, Regd Office, No.21, Patullos Road, 1/13, North Kudi Iruppu Village, Ramanathapuram District, Pin-623 705 Also at:

3/274, Moovendra Nagar 4th Street, Ramanuthapuram District, Pin-623 707.

..Respondent

Application praying that this Hon'ble Court be pleased to direct the respondent to furnish the security for a sum of Rs.2,86,677.16p within a time fixed by this Hon'ble Court, failing which to order Attachment Before Judgment of the immovable property described in the schedule of the Judges Summons, belonging to the respondent herein by precept through the Principal District Court, Ramanathapuram. Arb.A.No.109 of 2021:- No.21, Patullos Road, rep.by its Assistant General Manager (Legal) Mr.N.Madhusudhanan No.1/13, North Kudi Iruppu Village, Ramanathapuram - 623 705.

.. Respondent Application praying that this Hon'ble Court be pleased to raise the order of attachment of the immovable property more fully described in the schedule hereunder dated 24.02.2016 made in A.No.1721 of 2015, and communicate the order to the Sub-registrar, Joint - II, Ramanathapuram as to record the order raising the attachment in his records.

These applications coming on this day before this court for hearing in the presence of Mr.R.Umashankar for M/s. Sri and Shankar Associates, Advocates for the Applicant in both applications and the respondent herein not appearing in person or by advocate and upon reading the judges summons and the affidavit of N.Madhusudhanan, filed herein and the order herein dated 24.02.2016 made in A.No.1721 of 2015, It is ordered as follos :- That the order of attachment granted in pursuance of the order dated 24.02.2016 made in A.No.1721 of 2015, attaching the immovable property morefully set out in the schedule hereunder, be and is hereby raised.

2. That the applicant in A.No.1721 of 2015 herein be and is hereby directed to communicate the copy of this order to the concerned Sub Registrar's office.

Schedule All that piece and parcel of land an extent of 1749 s.ft. comprised in Survey No.258/1 Sub Division Survey No.258/1B, 258/1B1A of Suran Kottai Village, patta No.372, Ramanathapuram Taluk, Ramanathapuram Distric siutate at Plot No.130 & 131 and bounded on the NORTH BY : 23 ft. wide common passage SOUTH BY : Plot No.101

EAST BY : Property sold to Bharadidasan WEST BY : property sold to Anumakkodi Measuring North to South on the Eastern Side : 75ft North to South on the Western Side : 66ft East to West on the Northern Side : 25ft East to West on the Southern Side : 28ft within the Registration District of Ramanathapuram and Joint II Sub Registrar Suran Kottai Group.

WITNESS THE HONBLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID THIS THE 05TH 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 06.08.2021 Arb.A.No.109 of 2021 and A. No.1721 of 2015 ORDER :- DATED :05.08.2021 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 06.08.2021 APPROVED ON:06.08.2021 Copy to:-

1. Principal District Court, Ramanathapuram.

2. The Sub Registrar The Sub Registrar Office Joint - II, Ramanathapuram.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Represented by its Senior Manager -Legal, Regd Office, No.21, Patullos Road, 1/13, North Kudi Iruppu Village, Ramanathapuram District, Pin-623 705 Also at:

3/274, Moovendra Nagar 4th Street, Ramanuthapuram District, Pin-623 707.

..Respondent Application praying that this Hon'ble Court be pleased to direct

the respondent to furnish the security for a sum of Rs.2,86,677.16p within a time fixed by this Hon'ble Court, failing which to order Attachment Before Judgment of the immovable property described in the schedule of the Judges Summons, belonging to the respondent herein by precept through the Principal District Court, Ramanathapuram. Arb.A.No.109 of 2021:- No.21, Patullos Road, rep.by its Assistant General Manager (Legal) Mr.N.Madhusudhanan No.1/13, North Kudi Iruppu Village, Ramanathapuram - 623 705.

These applications coming on this day before this court for hearing the court made the following order:- The learned counsel for the applicant in Arb.A.No.1721 of 2015 submits that the matter has been settled between the parties. A.No.109 of 2021 has been filed by the respondent seeking to raise the order of attachment of the property which was granted by this Court earlier in its order dated 24.02.2016 in A.No.1721 of 2015. Since, the dispute has been settled between the parties, the application filed by the respondent in Arb.A.No.109 of 2021 has to be allowed as prayed for. Accordingly, the Arb.A.No.109 of 2021 is allowed as prayed for and the attachment order passed by this Court in its order dated 24.02.2016 is raised.

The applicant in A.No.1721 of 2015 is directed to communicate the copy of this order to the concerned Sub Registrar's Office. With the above observation, both the applications are disposed of. Sd./-(A.Q.J.,) 05.08.2021 //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.