M/S.Cholamandalam Investment And Finance Company Limited v. Mr.Darshanbhrathi Mahipatbharthi Goswami And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Application No.9229 of 2019 M/s.Cholamandalam Investment and Finance Company Limited Dare House, No.2 NSC Bose Road Parrys, Chennai 600 001.

rep. By its Authorised Signatory ... Applicant Vs

1. Mr. Dharshanbharthi Mahipatbharthi Goswami, S/o. Mahipatbharthi Goswami, Jina Bava Chowk, Rajula, Amreli, Gujarat-365560.

2. Mrs. Mukthaben Mahipatbharthi Goswami, W/o. Mahipatbharthi Goswami, Jina Bava Chowk, Rajula, Amreli, Gujarat-365 560.

... 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 direct the respondent to furnish security for the sum of 1/5

Rs.7,11,440.12 within a time fixed by this Hon'ble Court, failing which to order attachment of the immovable properties 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 and a copy of the attachment order be transmitted through the District Court, Amreli, Gujarat and the attachment order may be hand delivered to the applicant for transmission.

For Applicant : Mr.D.Pradeep Kumar For Respondent : No appearance

O R D E R

This application has been filed to direct the respondent to furnish security to the tune of Rs.7,11,440.12, failing which to order attachment of the immovable properties morefully described in the Schedule to the Judges Summons pending disposal of arbitration proceedings between the applicant and the respondents and till 2/5

enforcement of the award that may be ultimately passed in the arbitration proceedings and a copy of the attachment order be transmitted through the District Court, Amreli, Gujarat and the attachment order may be hand delivered to the applicant for transmission.

2. The learned counsel appearing for the applicant submitted that pending application, the vehicle has been already seized and sold and the Award has also been passed.

3. In such view of the matter, this Court is not inclined to pass any order in this application. It is well open to the applicant to enforce the Award as per law.

4. With the above observation, this application is closed. 31.08.2020 rpp 3/5

N.SATHISH KUMAR,J rpp Application No.9229 of 2019 31.08.2020 4/5

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