Cholamandalam Investment And Finance Co., Ltd., v. Avinash Vitthal Nikalje S/O.Vitthalnikale

Application No.8568 of 2018 PUSHPA SATHYANARAYANA J.

This Court, upon hearing the learned counsel for the applicant, vide order dated 29.01.2019, directed the respondents to furnish security to the extent of the claim made in the application being an amount of Rs.3,91,227/-, on or before 26.02.2019, 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 submitted 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 has been passed on 12.01.2018 in Arbitration Case No.1120/2015.

3. Notice sent to the first respondent has been returned with an endorsement "Not claimed", while notice sent to the second respondent has been served. Though the names of the respondents have been printed in the cause list, none appears on behalf of the respondents. Hence, service is held sufficient. http://www.judis.nic.in

PUSHPA SATHYANARAYANA, J.

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4. In the above circumstances, there shall be an order of attachment as prayed for. The order of attachment shall be transmitted through the Principal District Judge, Ahmednagar, Maharashtra and the attachment order may be hand delivered to the applicant for transmission.

4.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.

20.06.2019 rsi Application No.8568 of 2018 http://www.judis.nic.in