Allowed

M/S.Cholamandalam Investment and Finance Co. Ltd. v. Mr.Golu Dewangan and Another

Madras HC1 Sept 2021Arb Appln/189/2021

Case brief

AI extract

What is this about?

The High Court at Madras considered an application under the Arbitration and Conciliation Act, 1996 to raise an order of attachment of immovable property in Odisha. On the basis of the applicant's representation that the matter was settled, the court ordered the attachment be raised and transmitted to the relevant authorities.

What did the court decide?

The application praying for the raising of the attachment order dated 27.07.2020 is ordered; the attachment is raised.

M/S.Cholamandalam Investment and Finance Co. Ltd. Vs Mr.Golu Dewangan and Another — Madras HC (2021) — LawSathi Research

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

(ORDINARY ORIGINAL CIVIL JURISDICTION)

¶4

WEDNESDAY, THE 01ST DAY OF SEPTEMBER 2021

¶5

THE HON'BLE MR. JUSTICE V.PARTHIBAN

¶6

Arb.Appln.No.189 of 2021 in A. No.8001 of 2019

¶7

In the matter of Arbitration & Conciliation Act, 1996

¶8

And

¶9

In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Golu Dewangan & Another Arising under Loan Agreement No.XSHUKRR00002326390 Dated 19.03.2018.

¶10

M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai – 600 001 Represented by its Authorized Signatory ... Applicant

¶11

-Versus-

¶12

1.Mr.Golu Dewangan, S/o Nirmal Kumar Dewangan, Motanuapada, Nuapada, Odisha – 766105.

¶13

2.Mr.Nirmal Kumar Dewangan, S/o Ghasia Debangan, Motanuapada, Nuapada, Odisha – 766105.

¶14

... Respondents

¶15

Application praying that this Hon'ble Court be pleased to raise the

¶16

order of attachment dated 27.07.2020 made in A.No.8001 of 2019 attaching

¶17

¶18

the immovable property morefully described in the schedule to the Judges

¶19

Summons and a copy of the order raising attachment be transmitted through the District And Session Judge, Nuapada, Orissa and commuicated to SRO-Nuapada.

¶20

This application coming on this day before this court for hearing in the presence of Mr.D.Pradeep Kumar, Advocate for the Applicant herein, and the respondents herein not appearing in person or by advocate, and upon reading the order herein dated 27.07.2020 made in A.No.8001 of 2019, it is ordered:-

¶21

That the order of attachment granted in pursuance of the order dated 27.07.2020 made in A. No.8001 of 2019 attaching the immovable properties morefully setout in the schedule hereunder, be and are hereby raised.

¶22

Schedule of Property

¶23

Land situated in Mauza – Mota Nuapada, Tahsil – Nuapada, Tahsil No. 165, Police Station – Nuapada, Police Station No. 24, District – Nuapada, Serial No. Of Khatiya – 72, Plot No. And name of the Chakbandi and Area as follows:-

¶24

Plot No and name of	Type of	Description of total		Rakba
Chakbandi (Consolidated Holding) No.	Plot property		Acre	Decimal	Hector
1068 (Bedul)	AAT	N-KRIPA ROUT, S-SADHARAM	1	780
		MAJHI
1081 (Bedul)	AAT	N-AANAD	0	800

¶25

¶26

Plot No and name of	Type of	Description of total		Rakba
Chakbandi (Consolidated Holding) No.	Plot property		Acre	Decimal Hector
		KUMAR MAJHI, S-RAM CHARAN ROUT
260 (Kusum Bahali)	BAHAL	N-CHABIL DEWANGAN, S-KALU MAJHI	1	500
3 PLOTS			4	080

¶27

Within SRO Nuapada

¶28

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 01^st DAY OF SEPTEMBER 2021.

¶29

Sd/ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//

¶30

Dated at Madras this the day of 2021.

¶31

COURT OFFICER(O.S.)

¶32

From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

28.10.2021

Arb.Appln.No.189 of 2021 in

A. No.8001 of 2019

ORDER

DATED : 01.09.2021

THE HON'BLE MR.JUSTICE V.PARTHIBAN

¶41

FOR APPROVAL: 30.10.2021

¶42

APPROVED ON: 02.11.2021

¶43

Copy to:

¶44

The District and Session Judge, Nuapada, Orissa.

¶45

2.The Sub Registrar The Sub Registrar's Office Nuapada, Orissa.

¶46

¶47

IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION)

¶48

WEDNESDAY, THE 01ST DAY OF SEPTEMBER 2021

¶49

THE HON'BLE MR. JUSTICE V.PARTHIBAN

¶50

Arb.Appln.No.189 of 2021 in A. No.8001 of 2019

¶51

In the matter of Arbitration & Conciliation Act, 1996

¶52

And

¶53

In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Golu Dewangan & Another Arising under Loan Agreement No.XSHUKRR00002326390 Dated 19.03.2018.

¶54

M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai – 600 001 Represented by its Authorized Signatory ... Applicant

¶55

-Versus-

¶56

1.Mr.Golu Dewangan, S/o Nirmal Kumar Dewangan, Motanuapada, Nuapada, Odisha – 766105.

¶57

2.Mr.Nirmal Kumar Dewangan, S/o Ghasia Debangan, Motanuapada, Nuapada, Odisha – 766105. ... Respondents

¶58

Application praying that this Hon'ble Court be pleased to raise the

¶59

order of attachment dated 27.07.2020 made in A.No.8001 of 2019 attaching

¶60

¶61

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 And Session Judge, Nuapada, Orissa and commuicated to SRO-Nuapada.

¶62

This Arbitration Application coming on this day before this court for hearing the court made the following order:-

¶63

This Application has been filed to raise the order of attachment dated 27.07.2020 made in A.No.8001 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 and Sessions Judge, Nuapada, Orissa and communicated to SRO-Nuapada.

¶64

2.The learned counsel for the applicant would submit that the matter has been settled between the parties. Therefore, the applicant/Company has filed this Application for raising of attachment.

¶65

In view of the above submission, the attachment order of this Court dated 27.07.2020, stands raised and accordingly, the Application is ordered.

¶66

Sd./-V.P.N.J.

¶67

01.09.2021

¶68

//Certified to be true copy//

¶69

Dated at Madras this the day of 2020.

¶70

COURT OFFICER(O.S.)

¶71

From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

M/S.Cholamandalam Investment and Finance Co. Ltd. v. Mr.Golu Dewangan and Another

Case brief

What is this about?

What did the court decide?

M/S.Cholamandalam Investment and Finance Co. Ltd. v. Mr.Golu Dewangan and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sreedhar S Mayavan Vs Life Cell International Pvt. Ltd.

A.Mohamed Saleem Vs J.Mohamed

K.Shanthi Kannan Vs Parvathi Srinivasan

G.Krishnaraj Vs K.Ganesh

M/S.Cholamandalam Investment and Finance Co. Ltd. Vs Mr.Chandrakumar T

Jains Westminster Owners Welfare Association- Saligramam, Vs M/s.Jain Housing, Rep.by its partner