Court allowed an application to raise an earlier attachment order in an arbitration matter after the respondent settled the dues with the financial institution applicant.
To raise the order of attachment dated 20.08.2019 passed in A.No.4940 of 2019
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 DECEMBER 2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
Arb.A.No.290 of 2021
in A. No.4940 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.Gouranga Charan Deep, Arising under Loan Agreement No. XTRABGH00 001681087 Dated 27.05.2016.
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/Applicant Vs. Mr.Gouranga Charan Deep S/o. Parikshit Deep AT - Bishimunda, PO - Bishimunda Sonepur, Orissa - 767017. : Respondent/Respondent
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Arbitration Application praying that this Hon'ble Court be pleased to raise the order of attachment dated 20.08.2019 made in A.No.4940 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 Session Judge, Sonpur, Orissa and communicated to SRO Sonepur.
This Arbitration application coming on this day before this court for hearing in the presence of Mr.D.Pradeep Kumar, Advocate for the Applicant herein, and upon reading the Judge's Summons and the Affidavit of S.Sivasubramanian filed herein, and the order dated 20.08.2019 made in A.No.4940 of 2019, it is ordered:-
That the order of attachment granted in pursuance of the order dated 20.08.2019 made in A. No.4940 of 2019 attaching the immovable properties morefully setout in the schedule hereunder, be and are hereby raised.
Schedule of Property
Land situated in Mauza – Bisimunda, Tahsil – Sonpur, Tahsil No. 107, Police Station – Sonpur, Police Station No.22, District – Sonpur, Serial
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No. of Khatiyan – 37, Plot No. and Name of the Chakbandi – 767, Type of Plot Property – Mal Andajalsachit, Description of Total – N – Nayanjari, S
– Mo Buramunda Sarad, Area – Acre – 0, Decimal – 160.
Within SRO, Sonepur.
WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 01st DAY OF DECEMBER 2021.
Sd/-
ASSISTANT REGISTRAR (COMM.CASES)
//Certified to be true copy//
Dated at Madras this the day of 2022.
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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MU
30.12.2021
Arb.A.No.290 of 2021 in A. No.4940 of 2019
ORDER
DATED :01.12.2021
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
FOR APPROVAL: 03.01.2022
APPROVED ON: 06.01.2022
Copy to:
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 01ST DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
Arb.A.No.290 of 2021
in A. No.4940 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.Gouranga Charan Deep, Arising under Loan Agreement No. XTRABGH00 001681087 Dated 27.05.2016.
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/Applicant
Vs.
Mr.Gouranga Charan Deep S/o. Parikshit Deep AT - Bishimunda, PO - Bishimunda Sonepur, Orissa - 767017. : Respondent/Respondent
Arbitration Application praying that this Hon'ble Court be pleased to
raise the order of attachment dated 20.08.2019 made in A.No.4940 of 2019
attaching the immovable property morefully described in the schedule to the
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Judges Summons and a copy of the order raising attachment be transmitted through the District and Session Judge, Sonpur, Orissa and communicated to SRO Sonepur.
This Arbitration Application coming on this day before this court for
hearing the court made the following order:-
This application has been filed to raise the order of attachment dated 20.08.2019 passed by this Court in A.No.4940 of 2019 at the instance of the applicant, who is the financial Institution.
this application is allowed as prayed for and the order of attachment dated 20.08.2019 passed by this Court in A.No.4940 of 2019 is raised.
Sd./-A.Q.J. 01.12.2021
//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 the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether to raise the order of attachment on settlement of dues by the respondent.
1 provisions across 1 enactments
M/s. Cholamandalam Investment and Finance Company Ltd.
Mr. Gouranga Charan Deep
Abdul Qudhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
