Cholamandalam Investment And Finance Company Ltd v. Lyba Tours And Travels Prop Afzar Ali Khan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Application No.10160 of 2018 M/s.Cholamandalam Investment and Finance Company Limited Dare House, No.2 NSC Bose Road Parrys, Chennai 600 001.

rep. By its Authorised Signatory ... Applicant Vs

1. M/s.Lyba Tours and Travels, Prop. Afzar Ali Khan

2. Mr.Afsarali Pathan ... 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 to furnish security for the sum of Rs.3,16,562/- 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 till enforcement of the award passed in the arbitration proceedings and a copy of the attachment order be transmitted through the Dindoshi City Civil Court, Mumbai, Maharashtra and the attachment order may be hand delivered to the applicant for transmission. 1/4

For Applicant : Mr.D.Pradeep Kumar For Respondents : No appearance

O R D E R

This application has been filed to direct the respondents to furnish security to the tune of Rs.3,16,562/-, 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 Dindoshi City Civil Court, Mumbai, Maharashtra and the attachment order may be hand delivered to the applicant for transmission.

2. This Court by an Order, dated 04.08.2020, had directed the respondents to furnish security. Despite the same, the respondents have not furnished security. Hence, the applicant seeks for an Order of attachment of the property of the respondents. 2/4

3. In view of the same, there shall be an interim Order of attachment as against the respondents. In the meanwhile, the applicant shall initiate arbitration proceedings within three months, failing which, the interim Order granted by this Court stands automatically vacated. Registry is directed to intimate the Order of attachment to the concerned Registrar.

4. With the above observations, this application is closed. 04.09.2020 rpp 3/4

N.SATHISH KUMAR,J rpp Application No.10160 of 2018 04.09.2020 4/4