C.NAGAPPAN, M.SATHYANARAYANAN
Garlapati Ramanaiah Naidu – Appellant
Versus
L & T Finance Ltd. , rep. by its manager A. Ramnujam – Respondent
M. Sathyanarayanan, J
1. The Appellants are Respondents 1 & 2 in Application No.6498 of 2010 filed by the Respondent herein/claimant. The said Application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (in short ‘Arbitration Act’) praying for a prohibitory order directing the Appellants herein/Respondents in the said Application to furnish security to the tune of Rs.3,50,12,958/- or such other sum as this Court directs within such time this Court stipulates together with an order of conditional attachment and in the event of default, attachment of the property described in the schedule through the District Court pending initiation and disposal of the arbitral proceedings and the enforcement of the award.
2. The Respondent also filed Application No.6551 of 2010 praying for the relief of selling the vehicles, equipments and machineries in ‘as in where is’ condition in a public auction or a private treaty and to pay the sale proceeds to the Applicant.
3. Learned Judge, vide order dated 27th Jan., 2011, has taken into consideration the interim report of the Advocate Commissioner and the earlier order dated 16th Dec., 2010 made in Application Nos.64
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