M/S. Cholamandalam Investment And Finance Co., Ltd., v. Mr.Manohar Khandu Jaybhay

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 04TH DAY OF JUNE 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.4781 of 2019 In the matter of Arbitration & Conciliation Act, 1996 In the matter of Dispute between M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, and MR.MANOHAR KHANDU JAYBHAY Arising under Loan Agreement No.XVFPSHP00001815346 Dated 27.10.2016.

M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, Dare House,No.2, N.S.C.Bose Road, Parrys, Chennai-600001.

Represented by its Authorised Signatory ..Applicant -VsMR.MANOHAR KHANDU JAYBHAY S/O.KHANDU MADHV JAYBHAY, R.NO.1117, KALYAN MURBAD ROAD, OMKAR NAGAR, BADAM CHAWL, AT POST - VARAP, TAL - KALYAN, THANE, MAHARASHTRA - 421 306.

..Respondent

/ 2 / Application praying that this Hon'ble Court be pleased to direct the Respondent to furnish security for the sum of Rs.6,79,354.99/- 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 and disposal of arbitration proceedings between the Applicant and the Respondents 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 AND ADDITIONAL SESSIONS COURT, KALYAN, MAHARASHTRA 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 to the tune of Rs.6,79,354.99 failing which to Order attachment of the immovable property morefully described in the schedule to the Judges summons, pending disposal of the proposed arbitration proceedings.

2. When the matter was taken up today for hearing, the learned counsel for the applicant submitted the already the schedule mentioned vehicle has been seized and sold.

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3. In such view of the matter, this application is closed. It is open to the applicant to enforce the award, for the remaining amount if any as per law.

Sd/.N.S.K.J.

04.06.2020 //Certified to be a true copy// Dated this the day of 2020. SU/11.06.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.