Disposed

Cholamandalam Investment and Finance Company Ltd. v. Santosh Kumar Tiwari

Chhattisgarh HC3 Sept 2024WP227/775/2024

Case brief

AI extract

What is this about?

A finance company sought a mandamus directing the IXth Additional District Judge, Raipur to conclude its pending execution case against an arbitration award dated 29.10.2017 within 30 days. Counsel limited the prayer to expediting the proceedings; the court directed expedition and disposed of the writ petition.

What did the court decide?

Direction to the IXth Additional District Judge, Raipur to expedite Execution Case No.17/2019; writ petition disposed of accordingly.

Cholamandalam Investment and Finance Company… — Execution and Attachment | Chhattisgarh HC (2024)

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2024:CGHC:34313

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 775 of 2024

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1 - Cholamandalam Investment And Finance Company Ltd. Dare House No.02, Netaji Subhash Chandra Bose Road, Parrys, Chennai, 600001, Through Its Authorized Officer- Subhash Kumar Dewangan, S/o Shri Jawahar Lal Dewangan, A/o 37 Years, Authorized Officer Of Cholamandalam Investment And Finance Company Limited, Branch- Office No. 506-509, 5th Floor, National Corporate Park, G.E. Road, Raipur, Chhattisgarh.

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... Petitioner

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Versus

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1 - Santosh Kumar Tiwari S/o Shri Tilak Dhari Tiwari Aged About 47 Years R/o L.I.G.- 1704, Veer Sawarkar Nagar, Hirapur, Tatibandh, Raipur, District Raipur, Chhattisgarh.

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2 - Smt. Sima Tiwari W/o Shri Santosh Kumar Tiwari Aged About 45 Years R/o L.I.G.- 1704, Veer Sawarkar Nagar, Hirapur, Tatibandh, Raipur, District Raipur, Chhattisgarh.

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... Respondents

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For Petitioner : Shri Atul Kumar Kesharwani, Advocate.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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04/09/2024 :

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The petitioner has filed the present writ petition and prayed for the following reliefs:-

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Digitally signed by KRISHNA KRISHNA KUMAR KUMAR BARVE BARVE Date: 2024.09.05 11:32:14 +0530

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“10.1 To issue the writ of MANDAMUS or any other appropriate writ directing the IXth Additional District Judge, Raipur (C.G.) to expedite the Execution Case No.17/2019 titled as

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Cholamandalam Investment & Finance Co. Ltd. Vs. Santosh Kumar Tiwari & Another, which is in respect to an award dt. 29.10.2017 passed in Arbitration Proceeding, and decide/conclude the same within 30 days, in the interest of justice.

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10.2 To pass any other order as it may deem fit, in the interest of justice.”

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At the outset, learned counsel for the petitioner submits that the present writ petition may be disposed of by directing the IXth Additional District Judge, Raipur to expedite the proceeding in Execution Case No.17/2019 (Cholamandalam Investment & Finance Co. Ltd. Vs. Santosh Kumar Tiwari & Another) concerning the award dated 29.10.2017 passed in Arbitration Proceeding, as the same is pending since 2019.

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Considering the limited prayer made by the petitioner, the concerned Court is directed to expedite the proceeding in Execution Case No.17/2019 (Cholamandalam Investment & Finance Co. Ltd. Vs. Santosh Kumar Tiwari & Another).

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With the direction aforesaid, the Writ Petition is disposed of.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Barve

Cholamandalam Investment and Finance Company Ltd. v. Santosh Kumar Tiwari

Case brief

What is this about?

What did the court decide?

Cholamandalam Investment and Finance Company Ltd. v. Santosh Kumar Tiwari

Case brief

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What did the court decide?

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