M/S. Cholamandalam Investment And Finnce Co., Ltd v. Mr.Udesinh Manibhai Parmar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 17TH DAY OF AUGUST 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.5229 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.Udesinh Manibhai Parmar Arising under Loan Agreement No.XVFPAND00001951327 Dated 30.03.2017 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.Udesinh Manibhai Parmar S/o.Manibhai Parmar Daduram Nagar,Dairyavalu Faliyu, AT-Bedva,Ta & Dist Anand, Gujarat-388320.
:Respondent Application praying that this Hon'ble Court be pleased to direct the respondent to furnish security for the sum of Rs.3,98,709.11 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 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, Anand, Gujarat and the attachment order may be delivered to the applicant for transmission.
This application coming on this day before this court for hearing in the presence of Mr.D.Pradeep Kumar , Advocate for the Applicant herein, and the respondent herein not appearing in person or by advocate and upon reading the order herein dated 03.06.2020 It is ordered as follows: That the immovable properties more fully set out in the schedule hereunder be and is hereby attached and the same do remain under attachment until further orders of this court.
2. That 2 copies of this order be transmitted to the District Court, Anand, Gujarat for effecting the attachment and the said court do cause the said immovable properties to be attached through Senior Bailiff of the said Court in respect of the claim of a sum of Rs.3,98,709.11 /- (Rupees three lakhs ninety eight thousand seven hundred and nine and paise eleven only) and communicate the effect of such attachment to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable properties are situated.
3. That the A.No.5229 of 2019 do stand closed.
Schedule of Property All that piece and parcel of immovable property house situated at House No. 964/1,Bedva,TA-Anand,Dist-Anand,within Gram Panchayat Bedva, subject to tax levy of Gram Panchayat Bedva,bearing Receipt No.64, together with electricity connection & Fittings and share in land and other usual rights. Within SRO Anand.
WITNESS THE HON'BLE THIRU.AMRESHWAR PRATAP SAHI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 7TH DAY OF AUGUST 2020.
Sd/- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format
SJ 17.09.2020 A.No.5229 of 2019
ORDER
DATED :17.08.2020 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR FOR APPROVAL:07/10/2020 APPROVED ON:12/10/2020 Copy to:
The Sub Registrar The Sub Registration Office, Anand,Gujarat.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2020 CORAM :
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Application No.5229 of 2019 M/s. Cholamandalam Investment and Finance Company Ltd. Rep. by its Authorised Signatory, 'Dare House', No.2, N.S.C. Bose Road, Parrys, Chennai - 600001.
...Applicant .
Vs.
Mr.Udesinh Manibhai Parmar S/o.Manibhai Parmar Daduram Nagar,Dairyavalu Faliyu, AT-Bedva,Ta & Dist Anand, Gujarat-388320.
...Respondent
PRAYER : Petition filed under Order XIV Rule 8 of O.S.Rules R/W Section 9 (ii) (b) of the Arbitration and Conciliation Act, 1996 to direct the respondent to furnish security for the sum of Rs.3,98,709.11 within a time 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 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, Anand, Gujarat and copy of the attachment order may be handed over to the applicant for transmission.
For Applicant : Mr.D.Pradeep Kumar
O R D E R
This application has been filed to direct the respondent to furnish security for a sum of Rs.3,98,709.11 failing which to attach the immovable properties of the respondent 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 passed in the arbitration proceedings.
2. This Court by an Order, dated 03.06.2020 directed the respondent to furnish security for the suit claim on or before 17.08.2020, failing to furnish security, there shall be an Order of attachment.
3. Despite the Order of this Court directing the respondent to furnish security, the respondent has not furnished any security and none appeared for the respondent.
4. In view of the same, there shall be an Order of attachment of the immovable properties described in the schedule to the Judges Summons. The Registry is directed to communicate this Order to the concerned Registrar.
5. The application is closed.
Sd./-N.S.K.J.
17/08/2020 //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.