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2021 Supreme(Mad) 1640

SANJIB BANERJEE, P.D.AUDIKESAVALU
PERS Enterprises Private Limited, Represented by its Authorised Signatory B. Anandakrishnan – Appellant
Versus
Aavanor Systems Private Limited, Represented by its Managing Director M. Vennimalai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Satish Parasaran, Senior Advocate, S. Vijayan, Advocate.
For the Respondent:H. Karthick Seshadri, Advocate.

JUDGMENT :

Sanjib Banerjee, J.

(Prayer: Appeals filed under Section 13 of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 against the order dated 12.08.2021 passed in A.Nos.2640 and 2641 of 2021 in A.No.1414 of 2021 in C.S.No.128 of 2021.)

1. These appeals are directed against an order for furnishing security.

2. An initial order was made on June 30, 2021 at the ex parte stage requiring security to be furnished in the sum of Rs.1,04,52,423/- on or before July 23, 2021. The order also indicated that an attachment could be issued, if the security was not furnished within the relevant time.

3. When the matter was taken up next on July 23, 2021, the defendant was represented. However, the trial court noticed that the security had not been furnished and, as such, passed an order in the nature of attachment. The matter was next taken up on August 12, 2021 and the present appellant’s prayer for lifting the order of attachment was declined.

4. The principal contention of the appellant is that an order of attachment or even for furnishing security, for that matter, should not be lightly passed and the court should first ascertain the nature of th

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