M/S.Cholamandalam Investment And Finance Co.,Ltd., v. Mr.Marimuthu P And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 26.08.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s Cholamandalam Investment and Finance Company Limite, Dare House, No.2, NSC Bose Road, Parrys, Chennai 600 001.

Represented by its Authorised Signatory ... Applicant Vs.

1. Mr.Marimuthu P, S/o. Ponnusamy, No.259/1, Therodum Street, Kinathukadavu, Coimbatore, Pollachi, Near Ration Shop & BSNL Office, Tamil Nadu-642 109.

2. Mrs. Rajeswari P., S/o. Ponnusamy, No.259/1, Therodum Street, Kinathukadavu, Coimbatore, Pollachi, Near Ration Shop & BSNL Office, Tamil Nadu-642 109.

... Respondents PRAYER : Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 9(ii) (b) the Arbitration and Conciliation Act, 1996 to furnish security for the sum of Rs.1,51,701.09 within a time fixed by this Hon'ble Court, failing which to order attachment of the immovable property more fully described in the schedule to the Judges Summons pending 1/3

disposal of the 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 Subordinate Court, Palani and the attachment order may be hand delivered to the applicant for transmission. For Petitioner : Mr. N.Santhosh Nagarajan

O R D E R

This application has been filed to direct the respondents furnish security for a sum of Rs.1,51,701.09 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. The learned counsel appearing for the applicant submitted that already Award has been passed.

3. In such view of the matter, I am not inclined to pass any order of attachment. It is well open to the applicant to enforce the Award as per law.

4. With the above observation, this original application is closed.

26.08.2020 2/3

rpp N.SATHISH KUMAR, J.

rpp 26.08.2020 3/3