M/S.Cholamandalam Investment And Finance Com.Ltd v. Mr.Dubukward Moglaji And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2020 CORAM :
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A.No.9326 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. Dubukward Moglaji
2. Dubukvad Sharada ... 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.3,80,773.88/- within a time fixed by this Court failing which to order of 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 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, Nizamabad 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 is filed by the applicant seeking a direction to the respondents to furnish security for a sum of Rs.3,80,773.88/- within a time fixed by this Court failing which to order of attachment of the immovable properties morefully described in the Schedule to the Judges Summons pending initiation and disposal of arbitration proceedings between the applicant and the respondents and till enforcement of the award that may be ultimately passed in 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, Nizamabad and the attachment order may be hand delivered to the applicant for transmission.
2. The learned counsel for the applicant submitted that the award has been passed. This Court is of the view that since the award has been passed, it is open to the applicant to workout his remedy before the Execution court by enforcing the award. Accordingly the application is closed. 03.08.2020 Index: Yes/No Internet : Yes/No Speaking order/Non speaking order dpq
N. SATHISH KUMAR, J.
dpq A .No.9326 of 2019 03.08.2020