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

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.8999 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 Mr.Musthafa S & another Arising under Loan Agreement No.XVFPCHN00002079112 dated 23.08.2017.

M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600001.

Represented by its Authorised Signatory...

Applicant versus

1. Mr.Musthafa S , S/o.Shahul Hameed, No.19/3A, Nethaji Nagar, 3rd Street, Tondiarpet, Indian Oil Opp, Chennai -600081.

2. Mrs.Noorjhan, W/o. Sahul Hameed, No.19/3A, Nethaji Nagar, 3rd Street, Tondiarpet, Indian Oil Opp, Chennai -600081.

... Respondents

/ 2 / Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(b) of the Arbitration and Conciliation Act, 1996, to direct the respondents to furnish security for the sum of Rs.3,09,272/- 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 pending 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. 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 the sum of Rs.3,09,272/- 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 pending 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.

2. Today, when the application is taken up for consideration, the learned counsel appearing for the applicant through video conferencing

/ 3 / seeks permission of this Court to withdraw the application and he has also produced a letter dated 13.08.2020 requesting to withdraw the Application before this Court.

3. In view of the same, this application is dismissed as withdrawn. Sd/.N.S.K.J.

13.08.2020 //Certified to be a true copy// Dated this the day of 2020. SU/09.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.