Madras High CourtA/9483/2019transfer to city civil court

M/S.Cholamandalam Investment And Finance Co.,Ltd. v. Mr.Pasumarthi Surya Prakash And 2 Others

2019-04-05--3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.9483 of 2019 M/s.Cholamandalam Investment and Finance Company Limited, Registered Office at No.2, 1st Floor, Dare House, N.S.C.Bose Road, Parrys, Chennai - 600 001.

Rep. by its Manager Legal, Mr.R.Sivakumar ...

Applicant versus 1.Pasumarthi Surya Prakash H.No.-26-141-3-1, Saradha Nagar, Anandbagh, Malkajgiri, Landmark: N/R-Suzuki, Showroom, K.V.Rangareddy-500 047 Also at:

Flat No.212, survey No.96/1,97, Block No.3, Rambagh, Laxmi Nagar, Vampuguda N/R.Saket Back Side, Hyderabad-500 062.

2.P.S.K.Rajyalakshmi H.No.-26-141-3-1, Saradha Nagar, Anandbagh, Malkajgiri, Landmark: N/R-Suzuki, Showroom, K.V.Rangareddy-500 047

3.Pasumarthi Subrahmanyam H.No.-26-141-3-1, Saradha Nagar, Anandbagh, Malkajgiri, Landmark: N/R-Suzuki, Showroom, K.V.Rangareddy-500 047 ...

Respondents Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(II)(b),(d)&(e) of the Arbitration and Conciliation Act, 1996, to pass an order directing the respondents to furnish security to the tune of Rs.24,14,765/- or such sum as this Court directs within such time that this Court may stipulate along with an order of conditional attachment and in default of the respondents to do so. to order attachment as 1st charge holder of the property morefully described in the schedule to the petition through the District Court, Ranga Reddy, Telangana, till enforcement of the award.

For Applicant : Mr.M.Arunachalam For Respondents : No Appearance

O R D E R

This application has been filed to pass an order directing the respondents to furnish security to the tune of Rs.24,14,765/- or such sum as this Court directs within such time that this Court may stipulate along with an order of conditional attachment and in default of the respondents to do so. to order attachment as 1st charge holder of the property morefully described in the schedule to the petition through the District Court, Ranga Reddy, Telangana, till enforcement of the award.

2. Today, when the matter was called, the learned counsel appearing for the applicant submitted through video conferencing that

arbitration proceedings have concluded and an award has been passed in its favour on 28.11.2019.

3. In such view of the matter, this Court is not inclined to pass any interim measures under Section 9 of the Arbitration and Conciliation Act, 1996. Therefore, it is open to the applicant to enforce the award as per law.

4. With the above observation, this application stands closed. Sd/.N.S.K.J.

21.09.2020 //Certified to be a true copy// Dated this the th day of 2020. su.03.11.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.