M/S. Cholamandalam Investment And Finance Company Limited v. Mr. Perumal S

Arb.Appln.No.178 of 2022 Arb.Appln.No.178 of 2022 and A.No.6582 of 2015 SENTHILKUMAR RAMAMOORTHY, J.

This application is presented by a financial institution / lender which had approached this Court previously for an order of attachment. Pursuant thereto, by order dated 16.08.2016 in A.No.6582 of 2015, the immovable property described in the schedule to the Judge's summons was attached.

2. In the affidavit in support of this application, at paragraph 4, the applicant / lender states that the dispute with the respondent / borrower was settled after the order of attachment was issued. Therefore, the applicant seeks to raise the attachment.

3. The order of attachment was issued at the instance of the applicant / lender. Since an order raising such attachment would enure to the benefit of the respondent, notice to the respondent is not necessary. 1/2 https://www.mhc.tn.gov.in/judis

Arb.Appln.No.178 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

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4. By taking note of the assertion that the dispute was settled, this application is allowed by raising the order of attachment dated 16.08.2016 in A.No.6582 of 2015. The copy of this order shall be transmitted through the District Court, Tirunelveli, Tamil Nadu to the SRO, Valliyur and Tirunelveli District.

14.09.2022 rna Arb.Appln.No.178 of 2022 and A.No.6582 of 2015 2/2 https://www.mhc.tn.gov.in/judis