Cholamandalam Investment And Finance Co Ltd v. Bahubhai Maiyabhai Gamara

Application No.8344 of 2018 PUSHPA SATHYANARAYANA, J.

This Court, upon hearing the learned counsel for the applicant, vide order dated 10.01.2019, directed the 2nd respondent to furnish security to the extent of the claim made in the application being an amount of Rs.1,13,437.98, on or before 08.02.2019, failing which, an order of attachment order would be passed.

2. When the matter is taken up for hearing today, learned counsel for the applicant would submit that no security has been furnished as directed by this Court. He would further submit that an award in arbitration between the applicant and the respondents have been passed on 11.01.2019. 3.

Heard the learned counsel appearing for the applicant. 4.

Notices sent to respondents with regard to furnish security ordered by this Court have been served and affidavit of service is also filed to that effect enclosing acknowledgement cards. Though the name of the respondents is also printed in the cause list, there is no representation for them either in person or through counsel. Hence, service to the respondents is held sufficient. In the above circumstances, there shall be an order of attachment as prayed for. The order of attachment shall be transmitted through the Additional District Court, http://www.judis.nic.in

PUSHPA SATHYANARAYANA.J drl Dhoraji, Gujarat, and the attachment order may be hand delivered to the applicant for transmission.

5.

In view of the above direction, nothing further survives for adjudication and this application stands closed. The parties are free to take such action, as they may desire hereinafter, in accordance with law. 06.08.2019 drl Application No.8344 of 2018 http://www.judis.nic.in