[Cites 1, Cited by 0]
Madras High Court
M/S.Cholamandalam Investment And ... vs Devadas R on 26 February, 2026
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Arbitration Application No.1546 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Arbitration Application No.1546 of 2025
M/s.Cholamandalam Investment and Finance
Company Limited,
‘Chola Crest’, C 54 & 55, Super B-4,
Thiru Vi Ka Industrial Estate,
Guindy, Chennai – 600 032.
represented by its Authorised Signatory .... Applicant
Vs.
1.Devadas R.
2.Sasi Kumar G. .... Respondents
PRAYER
Arbitration Application filed under Order XIV Rule 8 of Original
Side Rules r/w Section 9(1)(ii)(b) of the Arbitration and Conciliation Act,
1996, praying to direct the respondents to furnish security to the sum of
Rs.8,60,897/- within a time fixed by this Court failing which to order
attachment of the immovable properties more fully described in the
Schedule to the Judges Summons till enforcement of the award passed in
the arbitration proceedings and a copy of the attachment order be
transmitted through the Principal District Court, Coimbatore, Tamil Nadu
and the attachment order may be hand delivered to the applicant for
transmission.
For Applicant : Mr.D.Pradeep Kumar
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Arbitration Application No.1546 of 2025
ORDER
When this application came up for hearing on 24.11.2025, this
Court passed the following order:
“This application has been filed under Section 9 of the
Arbitration and Conciliation Act, 1996 seeking for a
direction to the respondents to furnish security for a sum of
Rs.8,60,897/- based on the award passed on 11.08.2025.
2. It is brought to the notice of this Court that the
vehicle has already been seized and thereafter the award has
been passed and in spite of the same, there is a total due of
Rs.8,60,897/- payable by the respondents.
3. Taking into consideration the facts and
circumstances of the case and considering the materials
placed before this Court, there shall be a direction to the
respondents to furnish security for a sum of Rs.8,60,897/-
before the next date of hearing.
4. Notice to the respondents returnable by 15.12.2025.
Private notice is also permitted. Post on 15.12.2025.”
2. The matter was again listed for hearing on 05.01.2026 and the
following order came to be passed by this Court:
“Private notice that was sent to the 1st and 2nd
respondents has been returned with an endorsement
‘left/unclaimed’. Hence, there shall be a direction to the
learned counsel for the applicant to effect paper publication
through Malai Malar Coimbatore Edition to respondents 1
and 2 on or before 16.01.2026 mentioning the date of
hearing as 27.01.2026. 2. Post the matter for hearing on
27.01.2026.”
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Arbitration Application No.1546 of 2025
3. The matter was once again listed for hearing on 02.02.2026 and
the following order came to be passed by this Court:
“The learned counsel for the applicant is directed to
once again effect substituted service by paper publication on
respondents in the Malai Malar Newspaper, Coimbatore
edition. The publication shall be effected on or before
09.02.2026 and the notice shall be returnable by 23.02.2026.
Post this case on 23.02.2026.”
4. Pursuant to the above order, paper publication was effected and
affidavit of service has also been filed and the names of respondents have
also been printed in the cause list. However, there is no appearance for
the respondents either in person or through pleader.
5. In the light of the reasoning given in the earlier order dated
24.11.2025 and also considering the fact that the respondents have not
furnished security to the extent of the claim amount of Rs.8,60,897/-
[Rupees Eight Lakhs Sixty Thousand Eight Hundred and Ninety Seven
only], there shall be an order of attachment of the property described in
the schedule to the Judges summon till enforcement of the award passed
in the arbitration proceedings. This order shall be transmitted to the
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Arbitration Application No.1546 of 2025
N.ANAND VENKATESH, J.
gm
concerned Sub Registrar for making necessary entry in the encumbrance
certificate.
In the result, this application is allowed in the above terms.
26.02.2026
Index:yes/no
NCC:yes/no
Speaking order/Non-speaking order
gm
Arbitration Application No.1546 of 2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 03:01:23 pm )
