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Madras High CourtA/9261/2019closed

M/S.Cholamandalam Investment And Finance Co. Ltd. v. Mr.Murugesan A And Another

2020-08-03Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A .No.9261 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. Murugesan.A.

2. Aathi.M.

.. 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 praying to furnish security for a sum of Rs.2,62,324/- together with interest and cost as per award in Arbitration Case No.443 of 2016 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 District Court

Nagerkoil 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.2,62,324/- together with interest and cost as per award in Arbitration Case No.443 of 2016 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 District Court Nagerkoil and the attachment order may be hand delivered to the applicant for transmission.

2. The learned counsel for the applicant submitted that the second respondent had died and further submitted that the award has been passed.

3. This Court is of the view that since the award has been passed it is open to the applicant to implead the legal heirs of the second respondent and workout the remedy before the Execution court and enforce the award. Accordingly the application is closed. Sd/.N.S.K.J.

03.08.2020 //Certified to be a true copy// Dated this the th day of 2020. su.31.08.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.