The High Court of Madras dismissed an application filed under the Arbitration & Conciliation Act, 1996. Since an award was already passed, the Court directed the applicant to work out the remedy to execute the award instead.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 21ST DAY OF OCTOBER 2021
THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
A.No.1281 of 2021
In the matter of Arbitration & Conciliation Act, 1996
and
In the matter of Disputes between M/s.TVS Credit Services Limited and Mr.Yuvaraj S & another Arising under Loan Cum Hypothecation Agreement Dated 28.05.2019 bearing Agreement No. TN3002UV0000220.
M/s.TVS Credit Services Limited Jayalakshmi Estates, New No.29, Old No.8, Haddows Road, Chennai – 600 006. Represented by its Authorised Signatory
... Applicant
Versus
1.Mr. Yuvaraj S, S/o.Selvaraj, Old No.28/9, New No.29, Gandhiji 2nd Street, Kakkanji Nagar, Vysarpadi, Chennai Nr.B.B.Road, Tamil Nadu - 600 039.
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Kakkanji Nagar, Vysarpadi, Chennai, Nr.B.B.Road, Tamil Nadu - 600 039.
Respondents
Application praying that this Hon'ble Court be pleased to direct the Respondents to furnish security for the sum of Rs.6,24,502/- 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 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 Munsif Court, Arcot and the attachment order may be 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 Arbitration Application has been filed to direct the respondents to furnish security for the sum of Rs.6,24,502/- within a time fixed by this Honble 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 Respondents and till enforcement of the award that may be ultimately
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passed in the arbitration proceedings and a copy of the attachment order be
transmitted through the Munsif Court, Arcot and the attachment order may
be hand delivered to the applicant for transmission.
There is no representation on behalf of the respondents.
by the learned counsel appearing for the applicant that award has already been passed in this matter.
order in this application and the applicant is directed to work out his remedy
to execute the award.
Sd/.N.S.K.J. 21.10.2021
//Certified to be a true copy//
Dated this the th day of 2021.
SU/26.10.2021 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the https://hcservices.ecourts.gov.in/hcservices/ Order/Judgment Decree in this format.
M/s.TVS Credit Services Limited
Mr. Yuvaraj S
Mrs. Vijayalakshmi S
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
