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Madras High CourtA/7060/2019ordered

M/S.Cholamandalam Investment And Finance Co. Ltd. v. Mr.Mohan Kumar M And Another

2020-07-22Honourable Mr Justice N. Sathish Kumar2 pages

A.No.7060 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A .No.7060 of 2019 M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House' No.2, N.S.C Bose Road, Parrys, Chennai-600 001.

Represented by its Authorised Signatory ... Applicant Vs.

1.Mr.Mohankumar M, S/o.Murugesan, No.13/38, Jai Bhairavi Colony, Reddipudhur, Salem Road, Namakkal, Near Gurukulam, Tamil Nadu 637 002.

2.Mrs.Palaniyammal M, W/o.Murugesan, No.13/38, Jai Bhairavi Colony, Reddipudhur, Salem Road, Namakkal, Near Gurukulam, Tamil Nadu 637 002.

... Respondents PRAYER: Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (b) of the Arbitration and Conciliation Act 1996, to direct the respondents to furnish security for the sum of Rs.5,50,607/- within a time fixed by this Court failing which to order attachment of the immovable properties more fully described in the schedule to the judges summons pending initiation and disposal of arbitration proceedings between the applicant and the respondents 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 District Court, Namakkal and the attachment order may be hand delivered to the applicant for transmission.

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A.No.7060 of 2019 N.SATHISH KUMAR, J.

gsk For Applicant : Mr.N.Santhosh Nagarajan For Respondents : No Appearance O R D E R This application has been filed to direct the respondents to furnish security for a sum of Rs.5,50,607/- failing which to attach the immovable property of the respondents morefully described in the schedule, till the enforcement of the Award that may be ultimately passed in the arbitration proceedings.

2. This Court, by an Order dated 12.03.2020 directed the respondents to furnish security for the suit claim on or before 16.04.2020 and on failing to furnish security, there shall be Order of attachment.

3. Despite the Order of this Court directing to furnish security, the respondents have not furnished any security and none appeared for the respondents.

4. In view of the same, there shall be an Order of attachment of the immovable property described in the schedule and this application is closed. The registry is directed to communicate this Order to the concerned Registrar. 22.07.2020 Index:Yes/No Internet:Yes/No gsk A .No.7060 of 2019 http://www.judis.nic.in