Cholamandalam Investment And Finance Co Ltd v. Rajan P S/O.Pappannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 11TH DAY OF MARCH 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.10252 of 2018 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of M/S.CHOLAMANDALAM INVESTMENT AND FINANCE CO LTD AND MR.RAJAN P arising under Loan Agreement No.

XVFPOOT00001793495 Dated 30.09.2016.

M/S.CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD. Dare House,No.2, N.S.C.Bose Road, Parrys, Chennai-600001.

Represented by its Authorised Signatory ..APPLICANT -VSMR.RAJAN P S/O.PAPPANNAN, NO.5/332, MANJUNATH NILAYAM, VALLUVA NAGAR, INDHU NAGAR, NILGIRIS OOTY, TAMILNADU-643 005.

..RESPONDENT A.No.10252 of 2018:

Application praying that this Hon'ble Court be pleased to direct the respondent to furnish security for the sum of Rs.2,40,224/- within a time fixed by this Court failing which to order attachment of the immovable property 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 and a copy of the attachment order be transmitted through the Subordinate Court, Nilgiris (Ooty) 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:

This application is filed to direct the respondent to furnish security for a sum of Rs.2,40,224/- within a time that may be fixed by this Court failing which to order attachment of the immovable property more fully described in the Schedule to the Judges summons pending disposal of the arbitration proceedings between the applicant and the respondent and till enforcement of the Award that may be ultimately passed in the arbitration proceedings.

2. Now, it appears that the Award is also passed. Subsequently, the respondent died. In such view of the matter, it is for the applicant to approach the Court concerned for enforcement of the Award as per law and implead legal heirs of the deceased and seek appropriate orders.

3. With the above observation, this application is dismissed. Sd/-N.S.K.J.

11.03.2020 //Certified to be a true copy// Dated this the day of 2020.

su/02.06.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.