Equitas Small Finance Bank Ltd v. Chinnusamy G

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 03rd DAY OF APRIL 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR A. No.7840 of 2018 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Equitas Small Finance Bank Limited and M/s.G.Chinnusamy and another Arising under Loan Agreement Dated 27.11.2015 bearing Loan Agreement No. SLSALEM0074481.

M/s.Equitas Small Finance Bank Limited, 4th Floor, Phase-II, Spencer Plaza, 769, Anna Salai, Chennai, Tamil Nadu 600 002 Represented by its Authorised Signatory Mr.R.S.Bharath (Emp.No.31681) ... Applicant -Versus1. Chinnusamy.G S/o.Gopal, Door No: 13G, Mandapathu Kadu, Devannagoundanur, Sankari, Salem.

2. Pachiyammal C Door No. 13G, Mandapathu Kadu, Devannagoundanur, Sankari, Salem.

... Respondents Application praying that this Hon'ble Court be pleased to direct the respondents to furnish security for the sum of Rs.9,59,743/- within a time fixed by this Hon'ble Court failing which to order attachment of the immovable property more fully described in the schedule to the judges summons pending initiation and 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 to be transmitted through the District Court, Salem, Salem District and the attachment order may be hand delivered to the applicant for transmission.

This Application coming on this day before this Court for hearing in the presence of Mr.A.Damodaran, Advocate for the applicant herein and the respondents herein not appearing in person or by advocate and upon reading the order herein dated 21.02.2019, it is ordered as follows:- That the immovable property morefully setout in the schedule hereunder, be and is hereby attached and the same do remain under attachment until further orders of this Court.

2. That 2 copies of this order be transmitted to the District Court, Salem District for effecting the attachment and the said court do cause the said immovable properties to be attached through Senior Bailiff of the said Court in respect of the claim of a sum of Rs.9,59,743/- (Rupees nine lakhs fifty nine thousand seven hundred and forty three only) and communicate the effect of such attachment to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property is situated.

3. That once this order is produced, the concerned parties, who has to act upon pursuant to this order, has to execute this order punctually.

4. That the A. No.7840 of 2018 do stand closed. SCHEDULE OF PROPERTY All the piece and parcel of agriculture comprised in S. No.34/1C1A with an extent of 1 acre, situated at

Mundrampatti Village, Dharmapuri District within the Utthakarai Sub Registration District, Krishnagiri Registration District.

Four Boundaries North - Agriculture land belongs to Santhanathevar South - Savangkuttai Purampoke land East - Poke land West - PWD lake.

WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 03rd DAY OF APRIL 2019.

Sd./- ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KLY 09.04.2019 A. No.7840 of 2018 ORDER :- DATED: 03.04.2019 THE HON'BLE MR.JUSTICE R.SURESH KUMAR FOR APPROVAL:10/04/2019 APPROVED ON:10/04/2019