✦ Madras High Court

Cholamandalam Investment And Finance Co LtdChola Crest, C 54 and 55, Super v. Azhakendran R

N ANAND VENKATESH2 min read

Case at a glance

Outcome

Disposed of

This application is disposed of in the above terms

Provisions considered

Key paragraphs

  • Para 22. When the application came up for hearing on 09.01.2026, this Court passed the following order: This application has been filed under Section 9(1)(ii)(b) of the Arbitration and Conciliation Act, 1996, for furnishing security and in the absence, to attach the property more fully described…
  • Para 44. In view of the above, there shall be an order of attachment of the property more fully described in the Judge’s summons, till the enforcement of the award passed by the Arbitral Tribunal. The order of attachment shall be transmitted to the Principal District…

Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09-02-2026CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHArb Appln No.13 of 2026 Cholamandalam Investment And Finance Co LtdChola Crest, C 54 and 55, Super B-4Thiru Vi Ka Industrial Estate, Guindy, ChennaiRep. by its Authorised SignatoryApplicant(s)VsAzhakendran RRespondent(s)PRAYERTo direct the Respondent to furnish security for the sum of Rs.1,76,117/- within a time fixed by this Hon’ble 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, Tamilnadu and the attachment order may be hand delivered to the applicant for transmission. For Applicant: Mr.D.Pradeep KumarORDERThis application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for a direction to the respondent to furnish security, failing which, to order attachment of the property described in the Judge’s summons.

2.

When the application came up for hearing on 09.01.2026, this Court passed the following order:

This application has been filed under Section 9(1)(ii)(b) of the Arbitration and Conciliation Act, 1996, for furnishing security and in the absence, to attach the property more fully described in the Judge’s summons. https://www.mhc.tn.gov.in/judis N. ANAND VENKATESH, J.gya2.Heard the learned counsel for the applicant and perused the materials available on record. 3. It is seen that already an award has been passed by the Arbitral Tribunal on 11.08.2025.4.In view of the above, there shall be a direction to the respondent to furnish security to a tune of Rs.1,76,117/-, before the next date of hearing. 5. Notice to the respondent returnable by 09.02.2026. Private notice is also permitted. Web copy of this order shall also be annexed along with the private notice that is to be sent to the respondent. 6. Post on 09.02.2026.

3.

Notice has been served on the respondent and the name of the respondent has also been printed in the cause list. The respondent is neither present nor represented through counsel. The respondent has not complied with the order passed on 09.01.2026 and also not cared to enter appearance before this Court and contest this application.

Operative part

4.

In view of the above, there shall be an order of attachment of the property more fully described in the Judge’s summons, till the enforcement of the award passed by the Arbitral Tribunal. The order of attachment shall be transmitted to the Principal District Court, Coimbatore, to carryout the order of attachment and to make necessary entry in the Encumbrance Certificate by the Sub Registrar concerned. This application is disposed of in the above terms.gya09-02-2026Arb Appln No.13 of 2026

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: This application is disposed of in the above terms

Which statutory provisions did this judgment involve?

Arbitration and Conciliation Act, 1996 — ss. 9, 9(1)(ii)(b).

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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