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Madras High CourtArb Appln/185/2022allowed

M/S.Cholamandalam Investment And Finance Company Limited v. Savubha Khanubha Jadeja And Another

2022-09-27Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

Arb.Appln.No.185 of 2022 Arb.Appln.No.185 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

The lender / financial institution, which had obtained an order of attachment previously in A.No.10053 of 2018, seeks to raise the said order of attachment.

2. In paragraph 4 of the affidavit in support of this application, it is stated that the dispute between the applicant and the borrowers was settled after the order of attachment was issued. In the facts and circumstances, this application is liable to be allowed.

3. Since the lender, at whose instance the order of attachment was issued, seeks to raise the attachment, the order passed in this application would enure to the benefit of the respondents. Consequently, notice to the respondents is dispensed with.

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Arb.Appln.No.185 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

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4. Therefore, this application is allowed by raising the order of attachment dated 05.08.2020 in A.No.10053 of 2018. A copy of this order shall be transmitted through the District Court, Bhuj, Gujarat to the SRO, Mandvi, Gujarat.

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