Madras High CourtA/10204/2018closed

Cholamandalam Investment And Finance Co Ltd v. Meenaben Kamleshbhai Dudhaiya

2020-08-28Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2020 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR A.No.10204 of 2018 M/s.Cholamandalam Investment and Finance Company Limited 'Dare House' No.2, N.S.C Bose Road Parrys Chennai-600 001.

Represented by its Authorised Signatory ... Applicant Vs.

Mrs.Meenaben Kamleshbhai Dudhaiya W/o.Kamleshbhai Dudhaiya, Shaktidham Society, Sital Park, Khapat, Porbandar, Gujarat- 360 577 ... Respondent 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 praying to direct the respondent to furnish security for the sum of Rs.2,51,945.17/- 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 pending initiation and disposal of arbitration proceedings between the applicant and the respondent and till enforcement of the award that may be ultimately passed in the arbitration proceedings between the applicant and the respondents and till enforcement https://hcservices.ecourts.gov.in/hcservices/ of the award that may be ultimately passed in the arbitration proceedings

and a copy of the attachment order be transmitted through the District Court, Porbandar, Gujarat and the attachment order may be hand delivered to the applicant for transmission.

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.2,51,945.17/- failing which to Order attachment of the immovable property morefully described in the schedule to the Judges summons, pending disposal of the proposed arbitration proceedings.

2. The learned counsel for the applicant submitted that the award has been passed. This Court is of the view that since the award has been passed, the applicant shall workout his remedy before the Execution court by enforcing the award. Accordingly the application is closed. Sd/.N.S.K.J.

28.08.2020 //Certified to be a true copy// Dated this the th day of 2020. su.23.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/