Madras High CourtArb Appln/136/2021allowed

M/S.Cholamandalam Investment And Finance Limited v. Mrs.Rama M.

2021-08-12Honourable Mr Justice V. Parthiban7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 12TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN Arb.Appln No.136 of 2021 in A. No.2605 of 2017 In the matter of Arbitration & Conciliation Act 1996 and In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mrs.Rama M. Arising under Loan Agreement No.XTRATUI00001130017 Dated 30.01.2014.

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 (in both application) -vsMrs.Rama M, W/o. Murugan, No.1/33, Kizh Street, Kettavarampalayam, Polur, Tiruvannamalai, Tamil Nadu 606 901.

...Respondent

(in both application)

Arb.Appln No.136 of 2021:- Arbtration Application praying that this Hon'ble Court be pleased to to raise the order of attachment dated 13.07.2017 made in Application No.2605 of 2017 attaching the immovable property morefully described in the schedule to the Judges Summons and a copy of the order raising attachment be transmitted through the Sub Court, Tiruvannamalai and communicated to SRO - Kadaladi.

This application coming on this day before this court for hearing in the presence of Mr.Santhosh Nagarajan for M/s.D.Pradeep Kumar, advocates for the Applicant herein, and upon reading the Judge's Summons and the affidavit of S.Sivasubramanian filed in Arb.A.No.136 of 2021, and the order dated 13.07.2017 made in A. No.2605 of 2017, it is ordered:- That the order of attachment granted in pursuance of the order dated 13.07.2017 made in A. No.2605 of 2017 attaching the immovable properties morefully setout in the schedule hereunder, be and are hereby raised. SCHEDULE OF PROPERTY Item No.1 Land situated in Kettavarampalayam Village, Survey No.718, 719/2, in its middle East-West 33 Feet, North-South East Side 28 Feet, West Side 16 Feet, admeasuring 726 Square Feet, together with building/super structure, bounded on the East by Jaya Property West by Venkatesan Property

North by Pattai South by 2nd and 1st item Within SRO Kadaladi.

Item No.2 Land situated in Kettavarampalayam Village, Survey No.718, 719/2, in its middle East-West 50 Feet, South Side 35 Feet, North-South East Side 68 Feet, West Side 60 Feet, admeasuring 2720 Square Feet, together with building/super structure, bounded on the East by Rajamani Plot No.87 West by Venkatesan Property North by 1st item South by 15 Feet Road Within SRO Kadaladi WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 12th 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.

MU 02.09.2021 Arb.Appln No.136 of 2021 in A. No.2605 of 2017

ORDER

DATED : 12.08.2021 THE HON'BLE MR.JUSTICE V.PARTHIBAN FOR APPROVAL: 06.09.2021 APPROVED ON : 08.09.2021 Copy to:

1. The Sub Court, Tiruvannamalai.

2. The Sub Registrar, Sub Registrar Office, Kadaladi.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

...Respondent

(in both application)

This Applications coming on this day before this court for hearing the court made the following order:- This Application has been filed to raise the order of attachment dated 13.07.2017 made in Application No.2605 of 2017 attaching the immovable property morefully described in the schedule to the judges summons and a copy of the order raising attachment be transmitted through the Sub Court, Tiruvannamalai and communicated to SRO - Kadaladi. 2.The learned counsel for the applicant would submit that the matter has been settled between the parties. Therefore, the applicant/Company has filed this Application for raising of attachment. With the above submission, the attachment of this Court dated 13.07.2017 stands raised and accordingly

the Application is ordered. Registry is directed to communicate this order to SRO - Kadaladi.

Sd./-V.P.N.J.

12.08.2021 //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.