M/S.Cholamandalam Investment v. Mrs. M.Valli, W/O.Deceased Murugan (Borrower)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and O.A.No.596 of 2018 M/s. Cholamandalam Investment and Finance Company Limited, Registered Office at No.2 1st Floor, Dare House, N.S.C. Bose Road, Parrys, Chennai - 600 001.

Rep.by its Manager Legal, R. Sivakumar.

... Applicant Vs.

1.M. Valli W/o. Late Murugan (Borrower) 2.K. Ramasamy 3.The Manager, Aptus Vlaue Housing Finance India Limited, Kaanji Road, Vengikkal, Thiruvannamalai - 606 601 ... Respondent Prayer: Application filed under Order XIV, Rule 8 of O.S.Rules r/w Section 9(ii) (b) of the Arbitration and Conciliation Act, 1996 to pass an order directing the 1st respondent to furnish security to the tune of Rs.7,41,352/- (Rupees Seven Lakhs Forty One Thousand Three Hundred and Fifty Two only) or such sum as this Hon'ble Court directs within such time that this Hon'ble Court may stipulate and in default of the first respondent to do so, to order attachment of the property morefully described in the schedule to the petition through District Court of Thiruvannamalai, till the enforcement of the award.

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For Applicant : Mr. M. Arunachalam For Respondent : No Appearance

O R D E R

This application has been filed to direct the first respondent to furnish security to the tune of Rs.7,41,352/- failing which to order attachment of the property morefully described in the schedule to the Judges summons.

2. This Court by an Order dated 28.08.2018 had directed the respondents to furnish security. Despite the same, the respondents have not furnished security. Hence, the applicant seeks for an Order of attachment of the property of the respondents.

3. In view of the same, there shall be an Order of attachment as against the respondents. The registry is directed to intimate the Order of attachment to the concerned Registrar. It is also brought to the notice of the Court that the award is already passed. In such view of the matter no further order is required. 2/4

4. With the above observations, this application is closed and connected O.A.No.596 of 2018 is also closed.

25.08.2020 AT 3/4

N.SATHISH KUMAR, J.

AT 25.08.2020 4/4