Madras High CourtA/10047/2018closed

Cholamandalam Investment And Finance Co Ltd v. Amar Shivaji Gawali S/O.Shivaji Ganpat Gawali

2020-08-31Honourable Mr Justice N. Sathish Kumar3 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 07TH DAY OF DECEMBER 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.10047 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.

AMAR SHIVAJI GAWALI and another arising under Loan Agreement No.XVFPCK100001822305 Dated 30.10.2016.

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. M/S.AMAR SHIVAJI GAWALI S/O.SHIVAJI GANPAT GAWALI AT, PO-LONI GAWALI, TQ - MEHKAR, BULDHANA, MAHARASHTRA - 443 301.

/ 2 / 2.Mr. SHIVAJI GANPAT GAWALI S/O.GANPAT GAWALI, AT, PO-LONI GAWALI, TQ - MEHKAR, BULDHANA, MAHARASHTRA - 443 301.

..RESPONDENTS Application praying that this Hon'ble Court be pleased to direct the respondent to furnish security for the sum of Rs.4,01,880/- 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 Judges summons pendin disposal of 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 be transmitted through the PRINCIPAL DISTRICT JUDGE, BULDHANA MAHARASHTRA and the attachment order maybe hand delivered to the applicant for transmission. This Application coming on this day before this court for hearing the court made the following order:

Today, the matter has come up under the caption "For Being Mentioned."

2.Learned counsel appearing for the applicant submitted that award has been passed on 07.12.2018. In view of the award passed, order dated 31.08.2020 passed for attachment of immovable property is re-called.

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3. In view of the above, no further order is required in this application. Hence, application is closed.

Sd/.N.S.K.J.

07.12.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/16.12.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.