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2026 Supreme(Online)(Mad) 46802

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Kumaresh Babu, J
A. Indira – Appellant
Versus
Sundaram Finance Limited – Respondent
Arbitration Application



Advocates:
For the Appellants/Petitioners: V. Perumal
For the Respondents: D. Pradeep Kumar

An order of attachment in arbitration proceedings may be vacated by the Court when the parties have reached a post-award settlement and the respondent consents to the request.

Headnote:The petitioner moved the High Court seeking to vacate an order of attachment passed by an Arbitral Tribunal under S.17 of the Arbitration and Conciliation Act, 1996, following a settlement reached between the parties after the passing of an arbitral award. Before the Court, it was contended by both parties that the dispute had been amicably resolved. The respondent confirmed having no objection to the raising of the attachment order, citing the settlement of the underlying dispute. The Court, acknowledging the mutual settlement between the parties and the respondent's lack of objection, allowed the petition as prayed for, effectively raising the order of attachment.

Table of Content
1. court intervention to raise attachment following a mutual settlement between the parties. (Para 1 , 2 , 3 , 4 , 5 , 6)

ORDER

This Arbitration Application has been filed to raise the order of attachment dated 19.03.2021 in I.A.No.82 of 2019 in Arbitration Case No.VKT/SF/86/2019 on the file of the Hon'ble Arbitral Tribunal attaching the immovable property morefully described in the schedule to the Judges Summons and a copy of the order raising attachment be transmitted through the Principal District Court, Tiruvallur and communicated to SRO, Tiruvelangadu.

2. Mr.D.Pradeep Kumar, learned counsel, takes notice on behalf of the respondent.

3. An order of attachment had been made under Section 17 of the Arbitration and Conciliation Act, 1996 and thereafter, an Award had been passed.

4. It is the case of the learned counsel appearing on either side that, after the Award had been passed, the parties have settled the dispute and resolved the issues between themselves.

5. In view of the same, the learned counsel for the respondent would submit that there would be no objection for raising the order of attachment passed under Section 17 of the Arbitration and Conciliation Act.

6. Recording the same, this Arbitration Application stands ordered as prayed for. No costs.

03-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Registry is directed to communicate the copy of this order to the Sub-Registrar, Tiruvelangadu, Tiruvallur District.

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