M/S/Cholamandalam Investment And Fincance Co., Ltd., v. Patel Bharat Kumar And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 28th DAY OF FEBRUARY 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR A. No.8050 of 2018 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Patel Bharat Kumar & another arising under Loan Agreement No.XVFPHNR00000860766 dated 30.11.2012.
M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai-600 001 rep. by its Authorised Signatory ... Applicant -Versus1. Mr.Patel Bharat Kumar, at & PO-Jamla, TA-Himatnagar, Sabarkhantha, Gujarat-383 001.
2. Mr.Patel Bahchar Bhai, at & PO-Jamla, TA-Himatnagar, Sabarkhantha, Gujarat-383 001.
... Respondents Application praying that this Hon'ble Court be pleased to direct the respondents to furnish security for the sum of Rs.1,89,157/- within a time fixed by this Hon'ble Court failing which to order attachment of the immovable properties morefully described in the schedule to the Judge's Summons till enforcement of the award passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Principal District Court, Himmatnagar, Gujarat 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.D.Pradeep Kumar, Advocate for the applicant herein and the respondents herein not appearing in person or by advocate and upon reading the order herein dated 29.01.2019, 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 Principal District Court, Himmatnagar, Gujarat 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.1,89,157/- (Rupees one lakh eighty nine thousand one hundred and fifty seven 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.8050 of 2018 do stand closed. SCHEDULE OF PROPERTY All that piece and parcel of immovable property house situated At Laxmipura PO-Jamla, Village-Jamla, Taluka - Himatnagar, District - Sabar Kantha, together
with electricity connection bearing Consumer No.23238/00622/3 & fittings and share in land and other usual rights.
within SRO Himmatnagar, District - Sabarkantha. WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 28th DAY OF FEBRUARY 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 19.03.2019 A. No.8050 of 2018 ORDER :- DATED: 28.02.2019 THE HON'BLE MR.JUSTICE R.SURESH KUMAR FOR APPROVAL:19/03/2019 APPROVED ON:20/03/2019