Vivriti Capital Limited Rep by its Authorised Signatory Mr Noyal James Vs Bogmallo Enterprises Private Limited

To pass an order of injunction restraining the 2nd Respondent by themselves, their servants, agents, trustees or any person acting on their behalf by an order and injunction of this Honble court from in any manner alienating, encumbering, dealing with or disposing off, parting with possession, transferring or creating any third party rights, interest and claim of any nature whatsoever in respect of the Schedule mentioned property.

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Arb Appln No. 795 of 2025

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PRAYER

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To pass an order to direct the Respondent to furnish security to the satisfaction of this Honble Court for the sum equivalent to the amount of Rs.4,97,87,937/in the manner and mode that this Honble Court may deem fit, failing compliance the Honble Court may order conditional attachment of property mentioned in the schedule.

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For Applicant(s): Mrs.Abitha Banu

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ORDER

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These applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for brevity, referred to as “the Act”) for the relief of interim injunction and for a direction to the respondents to furnish security to the satisfaction of the Court.

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https://www.mhc.tn.gov.in/judis

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OA No. 624 of 2025 & Arb.Appln.No.795 of 2025

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When these applications came up for hearing on 24.06.2025, insofar as

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O.A.No.624 of 2025 is concerned, this Court passed the following interim

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order:-

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“This application has been filed seeking for an order of interim injunction to restrain the second respondent from alienating/encumbering the property, morefully described in the schedule to the judges summons.

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2.As seen from the documents filed along with this application as well as the avements made in the affidavit filed in support of this application, the respondents are defaulters in re-payment of the loan to the applicant. As seen from the averments made in the affidavit filed in support of this application as well as the documents filed along with this application, the respondents have paid only 6 installments that too belatedly. The total installments payable by the respondents under the Working Capital Facility Agreement dated 07.02.2024 are 18 installments. In view of the default, the applicant has already recalled the loan. As on 31.01.2025, a sum of Rs.5,11,31,983/- is due and payable by the respondents to the applicant. Despite the Loan Recall Notice, the respondents have not regularised the loan account with the applicant. According to the applicant, the second respondent is the owner of the property, morefully described in the schedule to the judges summons. According to the applicant, the respondents are now trying to alienate the said property thereby depriving the applicant of a security to recover its dues.

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3.Adequate averments have been made in the affidavit filed in support of this application for the grant of an order of interim injunction as prayed for in this application. Since a prima facie case has been made out and balance of

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https://www.mhc.tn.gov.in/judis

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OA No. 624 of 2025 & Arb.Appln.No.795 of 2025

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convenience and irreparable hardship have also been established, this Court is inclined to grant an order of interim injunction by restraining the second respondent from alienating/encumbering the property morefully described in the schedule to the judges summons.

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4.According, there shall be an order of interim injunction restraining the second respondent from alienating/encumbering the property morefully described in the schedule to the judges summons until further orders. Notice to the respondents returnable by 30.07.2025. Private notice is also permitted.”

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In Arb.Appln.No.795 of 2025, notice was ordered to the respondents. Notice sent to the respondents 1 & 3 had been served and their names are also printed in the cause list. However, notice sent to the second respondent was returned unserved and an affidavit of service was filed. Considering the same, this Court directed the applicant to effect paper publication and accordingly, notice was effected through paper publication and it was also recorded by this Court by passing an order on 26.08.2025. This Court directed the name of the second respondent to be printed in the cause list and accordingly, the name of the second respondent has also been printed in the cause list.

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Taking into consideration the facts and circumstances of the case and the nature of grievance expressed by the applicant and considering the fact that the same was considered when the interim order was passed by this Court on 24.06.2025 in O.A.No.624 of 2025, the said order is made absolute. In view of

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https://www.mhc.tn.gov.in/judis

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OA No. 624 of 2025 & Arb.Appln.No.795 of 2025

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the interim order passed in O.A.No.624 of 2025 being made absolute, it is not

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necessary to pass any separate order in Arb.Appln.No.795 of 2025.

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