The applicant in an application under the Arbitration & Conciliation Act seeking attachment of respondent properties withdrew the request. The High Court of Madras dismissed the application as withdrawn on 25.08.2021.
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)
WEDNESDAY, THE 25TH DAY OF AUGUST 2021
THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
A. No.7851 of 2019
In the matter of Arbitration & Conciliation Act, 1996 And
In the matter of Disputes between M/s. Cholamandalam Investment and Finance Company Ltd. and M/s. Chirayu Tours Booking Office & another Arising under Loan Agreement No.XVFPSHP00001669466 Dated 10.05.2016.
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.
2.Mr. Ganesh Shankar Kharate. https://hcservices.ecourts.gov.in/hcservices/ S/o. Shankar Rambhau Kharate Chawl No.3, R.No.8, Santhoshi Mata Road,
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AT-Shiv Shakti Bhavan,Ekveera Nagar, Bhiwandi, Kalyan, Thane, Maharashtra 421 301. ... Respondents
Application praying that this Hon'ble Court be pleased to direct the Respondents to furnish security for a sum of Rs.3,64,017.38/- within a time by this Hon'ble Court failing which to order of attachment of the immovable properties morefully described in the schedule to the judges summons pending initiation and disposal of the 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 Civil Court, (Senior Divison), Kalyan, Thane, Maharashtra 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:
Today when the matter was taken up for hearing, learned counsel appearing for the applicant seeks permission of this Court to withdraw this application.
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2.In view of the above submission made by the learned counsel for
the applicant, this application is dismissed as withdrawn.
Sd/.N.S.K.J. 25.08.2021
//Certified to be a true copy//
Dated this the day of 2021.
SU/14.09.2021 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
M/s. Cholamandalam Investment and Finance Company Limited
M/s Chirayu Tours Booking Office Prop. Nitin Ramdas Ghodke
Mr. Ganesh Shankar Kharate
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
