Application by a financial institution to raise an order of attachment on immovable property. The court allowed the application based on the submission that the dispute had been settled.
The order of attachment dated 13.03.2020 relating to the scheduled immovable property is raised.
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 01st DAY OF SEPTEMBER 2021
THE HON'BLE MR. JUSTICE V.PARTHIBAN
Arb.Appln.No.188 of 2021 in A. No.7353 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 Mr.Chandrakumar T Arising under Loan Agreement No. XSHUNCF00002225702 Dated 30.12.2017.
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.
Mr.Chandrakumar T S/o. Thankaiya No.2-333B, Pottal Kulam, Azha Gappapuram, Ahas Theeswaram, Kanyakumari, Near Church, Tamil Nadu 629401.
: Respondent
Arb.Appln.No.1880 of 2021
Application praying that this Hon'ble Court be pleased to raise
the order of attachment dated 13.03.2020 made in Application No.7353 of
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2019 attaching the immovable property morefully described in the schedule to the judges summons and a copy of the order raising attachment be transmitted through the District Court, Nagercoil and communicated to Sub Registration District of Kottaram.
This application coming on this day before this court for hearing in the presence of Mr.N.Santhosh Nagarajan, Advocate for the Applicant herein, and the respondent herein not appearing in person or by advocate and upon reading the Judges Summons and the Affidavit of S.Sivasubramanian filed in Arb.Appln.188 of 2021 and the order dated 13.03.2020 made in A.No.7353 of 2019, It is ordered as follows:
That the order of attachment granted in pursuance of the order dated 13.03.2020 made in A.No.7353 of 2019 attaching the immovable property morefully setout in the schedule hereunder, be and is hereby raised.
Schedule of Property
Plot comprised in Survey Nos.260/1A3 & 260/1B admeasuring an extent of 434.24 Sq.mt. which is out of 0.00.5 Ares equalent to 1 ¼ Cents out of total extent of 9.5 Ares in S.No.260/1 and Eastern portion 10 Cents 730 Sq.Inks. Equalent 434.24 Sq.mt. which is out of 11 ¼ Cents 520
Sq.Inks of 4 Ares (10 Cents) of Old S.No.2365 measuring 45 Cents
https://hcservices.ecourts.gov.in/hcservices/ Northern portion 22 ½ Cents and 23 ¾ Cents divided into two as per
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New Survey No 13 ¾ Cents (12 ½ + 1 ½ Cents) in Azhagappapuram
Village and having bounded on the
North by Path & Wilson, Jayanthi Charlet's Land
South by Ramasundaram Nadar's Land
East by Nallaciranmani Thurai's Land
West by Draviyam's Land
And situate within the Sub Registration District of Kottaram
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 01st DAY OF SEPTEMBER 2021.
Sd./-
ASSISTANT REGISTRAR (COMM.CASES)
//Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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KY
24.09.2021
Arb.Appln.No.188 of 2021 in A. No.7353 of 2019
ORDER
DATED : 01.09.2021
THE HON'BLE MR.JUSTICE V.PARTHIBAN
FOR APPROVAL: 23.09.2021
APPROVED ON: 23.09.2021
Copy to:
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY THE 01st DAY OF SEPTEMBER 2021
THE HON'BLE MR. JUSTICE V.PARTHIBAN
Arb.Appln.No.188 of 2021 in A. No.7353 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 Mr.Chandrakumar T Arising under Loan Agreement No. XSHUNCF00002225702 Dated 30.12.2017.
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.
Mr.Chandrakumar T S/o. Thankaiya No.2-333B, Pottal Kulam, Azha Gappapuram, Ahas Theeswaram, Kanyakumari, Near Church, Tamil Nadu 629401.
: Respondent Arb.Appln.No.1880 of 2021
Application praying that this Hon'ble Court be pleased to raise
the order of attachment dated 13.03.2020 made in Application No.7353 of
https://hcservices.ecourts.gov.in/hcservices/ 2019 attaching the immovable property morefully described in the schedule
to the judges summons and a copy of the order raising attachment be
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transmitted through the District Court, Nagercoil and communicated to Sub Registration District of Kottaram.
This Application coming on this day before this Court for hearing in the Court made the following orders:
This Application has been filed to raise the order of attachment dated 13.03.2020 made in A.No.7353 of 2019 attaching the immovable property morefully described in the schedule to the judges summons and a copy of the order raising attachment be transmitted through the District Court, Nagerkoil and communicated to Sub Registration District of Kottaram.
Sd./-V.P.N.J 01.09.2021 //Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of https://hcservices.ecourts.gov.in/hcservices/ the Orders/Judgments/Decrees in this format.
M/s. Cholamandalam Investment and Finance Company Ltd.
Mr. Chandrakumar T
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
