Cholamandalam Investment And Finance Co Ltd v. Narajee Rama S/O.Rama

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 18/8/2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.8551 of 2018 Cholamandalam Investment and Finance Company Limited rep. By its Authorised Signatory Dare House, No.2 NSC Bose Road Parrys Chennai.

...

Applicant Vs

1. Narajee Rama

2. Raychand Narajee ...

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. For Applicant : Mr.D. Pradeep Kumar For respondents : No appearance for respondents - - - - - - Page 1/4

O R D E R

This application has been filed by the applicant, to direct the respondents to furnish security for a sum of Rs.4,04,182/- 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 Sub-Court, Ratlam, Madhya Pradesh and attachment order may be hand delivered to the applicant for transmission.

2. Learned counsel appearing for the applicant submitted that first respondent died. Second respondent is the son of the first respondent. Despite the name printed in the cause list, none appeared for the respondents. Therefore, attachment may be ordered in respect of the share of the second respondent in his individual capacity.

3. Having regard to the fact that none appeared for the respondents there shall be an order of attachment in respect of the share of the second respondent.

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4. Registry is directed to communicate the order of attachment to the Registrar concerned.

18/8/2020 mvs.

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N.SATHISH KUMAR, J mvs.

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