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Madras High CourtOA/807/2019dismissed

M/S.Citicorp Finance (India) Ltd v. Mr.K.Velmuguan And Another

2020-03-16Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 16TH DAY OF MARCH 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.A.No.807 of 2019 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Disputes between M/S.CITICORP FINANCE (INDIA) LIMITED, AND MR.K.VELMURUGAN (CONT.Nos.04L53CFL4856266 DATED 25.07.2008) M/S.CITICORP FINANCE (INDIA) LTD SRI LAXMI COMPLEX 4/22 OMALUR MAIN ROAD, 2ND FLOOR, SWRNAPURI SALEM - 636 004 ALSO AT:

ACROPOLIS, 9TH FLOOR, NEW.NO.148 OLD.NO.68 DR.RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI - 600 004 ASSISTANT MANAGER - LEGAL, POWER OF ATTORNEY AGENT MR.B.R.BABU.

..APPLICANT -vs1. MR.K.VELMURUGAN S/O.KARUPPANAN OLD NO.6/490 NEW NO.6, 946, LAKSHMI NAGAR, PERIAPPATI NAMAKKAL - 637 001.

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2. MR.K.ANAND OLD NO.6/431, NEW NO.6/923, EB COLONY, PERIAPPATI, NAMAKKAM-637 001.

..RESPONDENTS O.A.No.807 of 2019:

Original Application praying that this Hon'ble Court be pleased to pass an order of injunction restraining the respondent, or their men, agents or anybody acting on their authority to transfer, alienate encumber or sell the property morefully described in the schedule to the Judges summons to any third party.

This Original Application coming on this day before this court for hearing the court made the following order:

This application has been filed to pass an order of injunction restraining the respondent from alienating the property.

2. It is the contention of the learned counsel appearing for the applicant that an Award has already been passed in the year 2010. Now, he seeks the interim injunction in respect of the schedule mentioned property.

3. In such view of the matter, this Court cannot pass any interim measure. It is for the applicant to workout his remedy before the proper forum by enforcing the Award as per law. Accordingly, this application is dismissed.

Sd/-N.S.K.J.

16.03.2020 //Certified to be a true copy// Dated this the day of 2020.

su/15.05.2020 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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