Madras High CourtA/5210/2019closed

M/S.Marina Holdings v. N.Ramasamy

2020-03-12Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 12TH DAY OF MARCH 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.5210 of 2019 In the matter of Section 9 of the Arbitration and Conciliation Act, 1996 and in the matter of the Agreement dated 27.03.2019 read with 22.01.2018 between the Applicant and the Respondent.

M/s.Marina Holdings, Represented by its Partner, Mr.Rajkumar Sethupathy, Level 7A, Capital Towers, 555, Anna Salai, Teynampet, Chennai - 18.

: Applicant Vs.

N.Ramasamy, Proprietor, Sri Thenandal Films, No.8, 80 Feet Road, Devar Garden, Saligramam, Chennai - 600 093.

: Respondent Application praying that this Hon'ble Court be pleased to direct the Respondent herein to furnish security for a sum of Rs.9,21,67,492/-, to the satisfaction of this Hon'ble Court, before such date as may be fixed by this Hon'ble Court, failing which to Attach Before Judgment the properties more fully described in the Schedule to the Judges Summons, pending disposal of https://hcservices.ecourts.gov.in/hcservices/ the proposed arbitration.

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.9,21,56,492/- failing which to Order attachment of the immovable properties morefully described in the schedule to the Judges summons, pending disposal of the proposed arbitration proceedings.

2. This Court by an Order dated 29.08.2019 had directed the respondent to furnish security. Despite the same the respondent has not furnished security. Hence, the applicant seeks for an Order of attachment of the property of the respondent.

3. In view of the same, there shall be an interim Order of attachment as against the respondent. In the meanwhile, the applicant shall initiate arbitration proceedings within three months, failing which, the interim Order granted by this Court stands automatically vacated. The registry is directed to intimate the Order of attachment to the concerned Registrar.

4. With the above observations, this application is closed. Sd/.N.S.K.J.

12.03.2020 //Certified to be a true copy// Dated this the th day of 2020. su.16.12.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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