M/S.Cholamandalam Investment And Finance Co.,Ltd., v. Mrs.Krishnaveni N And Another

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.8533 of 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mrs.Krishnaveni N & Another Arising under Loan Agreement No.XVFPCVF00000981992 Dated 31.05.2013.

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 -Versus1.Mrs. Krishnaveni N, W/o Natarajan, No.1/A, Palanisamy Street, Uppilipalayam, MasakaliPalayam, Coimbatore, Near Masakalipalayam, Tamilnadu - 641015.

2.Mr.Natarajan R, S/o Rangasamy, No.1/A, Palanisamy Street, Uppilipalayam, MasakaliPalayam, Coimbatore, Near Masakalipalayam, Tamilnadu - 641015.

... Respondents Application praying that this Hon'ble Court be pleased to direct the Respondents to furnish security for a sum of Rs.5,68,073/- together with interest and cost as per award in Arbitration Case No.ARC/CIFL/LOT/234 of 2017 within a time fixed by this Honble 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 Coimbatore 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:

It is submitted by the learned counsel appearing for the applicant that the second respondent is dead and also award has been passed in this matter. 2.

In such view of the matter, it is open to the applicant to enforce the award as against the Legal Representatives of the deceased respondent, before the appropriate forum.

3.

With the above observations, 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.