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Madras High CourtA/6050/2019closed

M/S.Cholamandalam Investment And Finance Co.Ltd. v. Mr.Ashok Prabhu Gaikwad

2020-09-25Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 25TH DAY OF SEPTEMBER 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.6050 of 2019 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Disputes between M/S.CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, and MR.ASHOK PRABHU GAIKWADS arising under Loan Agreement No.XTRAPNN00002296470 Dated 25.02.2018.

M/S.CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, Dare House,No.2, N.S.C.Bose Road, Parrys, Chennai-600001.

Represented by its Authorised Signatory ..Applicant -VsMR.ASHOK PRABHU GAIKWAD, S/O.PRABHU GAIKWAD, AP-JALBHAVI, SOLAPUR, MALSHIRAS, MAHARASHTRA - 413 107.

..Respondent Application praying that this Hon'ble Court be pleased to direct the Respondent to furnish security for the sum of Rs.2,80,897/- within a time fixed by this Hon'ble Court failing which to order attachment of the https://hcservices.ecourts.gov.in/hcservices/ immovable properties morefully described in the Schedule to the Judges summons pending 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 SUB COURT, MALSHIRAS, TAL MALSHIRAS, DIST-SOLAPUR, MAHARASHTRA and the attachment order may be hand delivered to the applicant for transmission. This Application coming on this day before this court for hearing the court made the following order:

When the matter is taken up today, the learned counsel appearing for the applicant submitted that arbitration award has already been passed on 26.07.2019.

2.

Such view of the matter, this court is not inclined to pass any interim order and it is for the applicant to work out its remedy before the appropriate forum and enforce the award as per law. 3.

Accordingly, this application is closed.

Sd/.N.S.K.J.

25.09.2020 //Certified to be a true copy// Dated this the th day of 2020. su.18.11.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/