M/S. Cholamandalam Investment And Finance Co., Ltd., v. Mr.Vijaybhai Govindbhai Ratanpara S/O.Govindbhai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 05TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.4777 of 2019 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Disputes between M/s. Cholamandalam Investment and Finance Company Ltd. and Mr. Vijaybhai Govindbai Ratanpara Arising under Loan Agreement No.
XTRATGM00002595931 Dated 08.10.2018.
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 Vs.
Mr.Vijaybhai Govindbai Ratanpara S/o. Govindbhai Morzar, Bhanvad, Devbhumidwarka,Gujarat- 360510 : Respondent Application praying that this Hon'ble Court be pleased to direct the Respondent to furnish security for the sum of Rs. 6,33,962.86/- within a time fixed by this Hon'ble Court failing which to order attachment of the immovable properties morefully described in the Schedule to the Judges
Summons pending initiation & 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 District Court, Devbhumi Dwarik,Gujarat 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 has been filed to direct the respondent to furnish security for the sum of Rs.6,33,962.86 within a time frame 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 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 District Court, Devbhumi Dwarik, Gujarat and the attachment order may be hand delivered to the applicant for transmission.
2. It is submitted by the learned counsel appearing for the applicant that award has already been passed in this matter.
3. In such view of the matter, this Court is not inclined to pass any order in this application and the applicant has to work out the remedy to execute the award. Accordingly, this application is closed. Sd/.N.S.K.J.
05.07.2021 //Certified to be a true copy// Dated this the th day of 2021. su.13.07.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.