M/S.Cholamandalam Investment v. Mr.Vaibhav Sham Bompilwar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 31.07.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s Cholamandalam Investment and Finance Company Limite, Dare House, No.2, NSC Bose Road, Parrys, Chennai 600 001. Represented by its Authorised Signatory ... Applicant Vs.

Mr.Vaibhav Sham Bompilwar ... Respondent Prayer: Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 9(ii) (b) the Arbitration and Conciliation Act, 1996 to furnish security for a sum of Rs.1,56,153/- within a time fixed by this court, failing which to order attachment of the immovable properties more fully described in the schedule to the Judges Summons pending initiation and 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 Principal District Civil and Sessions Judge, Yavatmal, Maharashtra and the attachment order may be hand delivered to the applicant for transmission.

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For Petitioner : Mr. D.Pradeep Kumar For Respondent : No appearance

O R D E R

This application has been filed to direct the respondent furnish security for a sum of Rs.91,56,153/- failing which to attach the immovable property of the respondent more fully described in the schedule, till the enforcement of the Award that may be ultimately passed in the arbitration proceedings.

2. The learned counsel appearing for the applicant submitted that already Award has been passed.

3. In such view of the matter, I am not inclined to pass any order of attachment. It is well open to the applicant to enforce the Award as per law.

4. With the above observation, this original application is closed. No costs.

31.07.2020 mst 2/3

N.SATHISH KUMAR, J.

mst 28.07.2020 3/3