M/S.Cholamandalam Investment And Finance Co. Ltd. v. Mr.Suresh D

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A .No.8204 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.

Suresh.D .. Respondent 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 praying to furnish security for a sum of Rs.6,00,285/- within a time fixed by this Court failing which to order attachment of the immovable property morefully described in the schedule to the Judges summons till enforcement of the award passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Subordinate Court, Hosur, Krishnagiri District and the attachment order may be hand delivered to the applicant for transmission. For Applicant : Mr.N.Santhosh Nagarajan

O R D E R This application has been filed to furnish security for a sum of Rs.6,00,285/- within a time fixed by this Court failing which to order attachment of the immovable property morefully described in the schedule to the Judges summons till enforcement of the award passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Subordinate Court, Hosur, Krishnagiri District and the attachment order may be hand delivered to the applicant for transmission.

2. The learned counsel for the applicant submitted that the sole respondent had died and further submitted that the arbitration is still pending.

3. This Court is of the view that since the arbitration is pending and the sole respondent had died and no steps have been taken, in such view of the matter it is open to the applicant to implead the legal heirs of the sole respondent and seek relief before the execution Court. Accordingly the application is closed. 04.09.2020 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order dpq

N. SATHISH KUMAR, J.

dpq A.No.8204 of 2019 04.09.2020