S.Soundammal v. M/S Cholamandalam Investment And Finance Company Limited And 3 Others

Arbitration.Appln.No.251 of 2022 in Arb.Appln.No.79 of 2021 KRISHNAN RAMASAMY. J., This Application has been filed by the applicant seeking to raise the order of attachment dated 19.01.2022 passed in Arb.A.No.79 of 2021 pursuant to the Arbitral Award dated 20.05.2022 and consequently direct the Joint-I, Sub-Registrar, Coimbatore to remove the attachment entry from the Encumbrance Certificate with respect to the applicant's schedule mentioned property.

2.This Court vide order dated 23.08.2021, ordered interim attachment over the property and thereafter on 19.01.2022, disposed of the said application with a direction that the interim order granted on 23.08.2021 for a period of two weeks from the date of Arbitral Tribunal enters upon reference. 3.As per the order of this Court, the Arbitral Tribunal entered upon reference and passed final award and the attachment order continued only up to 04.03.2022. Thereafter, no attachment is in existence. The Arbitral Tribunal has also not passed any order for extension of attachment order in the award dated 20.05.2022. Therefore, it is clear that as on date there is no attachment. https://www.mhc.tn.gov.in/judis 1/2

KRISHNAN RAMASAMY, J., rst 4.The applicant has also approached the Joint-I Sub-Registrar, Coimbatore, for removing the entry of the attachment over the schedule mentioned property. However, the Joint-I Sub-Registrar has not removed the entry of the attachment in the property, citing the reason of attachment order. 5.In view of the above, it is made clear that as on date there is no attachment order is in existence. Hence, there is no impediment for the Joint I, Sub-Registrar, Coimbatore to remove the attachment entry from the Encumbrance Certificate in respect of the schedule mentioned property. 6.In view of the above, the Joint-I, Sub-Registrar, Coimbatore is directed to remove the attachment entry in the schedule mentioned property within a period of two weeks from the date of receipt of a copy of this order. Accordingly, the application is disposed of.

01.02.2023 rst Arbitration.Appln.No.251 of 2022 in Arb.Appln.No.79 of 2021 https://www.mhc.tn.gov.in/judis 2/2