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Madras High CourtA/8606/2018closed

Cholamandalam Investment And Finance Co Ltd v. Balu Chagan Dhokane S/O.Chagan Dhokane

2020-08-13Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.8606 of 2018 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 versus Balu Chagan Dhokane, S/o.Chagan Dhokane ...

Respondent Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(b) of the Arbitration and Conciliation Act, 1996, to direct the respondent to furnish security for the sum of Rs.1,84,659/- within a time fixed by this Court, failing which to order attachment of the immovable properties morefully described in the Schedule to the Judges Summons till enforcement of the award passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Civil Judge Junior Division at Newasa, Tal - Newasa, Dist - Ahmednagar, Maharashtra and the attachment order may be hand delivered to the applicant for transmission. For Applicant : Mr.D.Pradeep Kumar For Respondent : No Appearance 1/4

O R D E R

This application has been filed by the applicant, seeking a direction to the respondent to furnish security for the sum of Rs.1,84,659/- within a time fixed by this Court, failing which to order attachment of the immovable properties morefully described in the Schedule to the Judges Summons till enforcement of the award passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Civil Judge Junior Division at Newasa, Tal - Newasa, Dist - Ahmednagar, Maharashtra and the attachment order may be hand delivered to the applicant for transmission.

2. Security was ordered to be furnished by order of this Court dated 05.03.2020. Notice sent to the respondent was served and an affidavit of service is also filed enclosing acknowledgement card. Though the name of the respondent is printed in the cause list, there is no representation for him either in person or through counsel. Hence, service to the respondent is held sufficient.

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3. The respondent availed of finance facilities pursuant to Loan Agreement No.XVFPADN00001627441 dated 21.03.2016 for a sum of Rs.4,10,000/- towards purchase of a vehicle. It is also submitted by the learned counsel for the applicant that arbitration proceedings have concluded and an award has been passed in its favour on 16.11.2017. As per the award, the respondent is liable to pay a sum of Rs.1,84,659/-, together with interest.

4. In view of the above circumstances, this Court is satisfied that the prayer sought for by the applicant is warranted. Therefore, there shall be an order of attachment as prayed for in the Judges summons and a copy of the attachment order be transmitted through the Civil Judge Junior Division at Newasa, Tal - Newasa, Dist - Ahmednagar, Maharashtra and the same may be hand delivered to the applicant for transmission.

5. In view of the above, nothing survives in this application and the same stands closed. The parties are free to take such action, as they may desire hereinafter, in accordance with law.

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N.SATHISH KUMAR, J.

sri Application No.8606 of 2018 13.08.2020 4/4