IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE,
NAGAPATTINAM.
BEFORE THE HON’BLE SOLE ARBITRATOR
Mr. A.S. VELMURUGAN, ADVOCATE, CHENNAI
I.A.No. 28/ 2021
IN
ARB. CASE No. ASV/SF/165/2019
M/s. Sundaram Finance Lmited
Rep. by its Manager (Legal)
21, Patullos Road,
CHENNAI – 600 002.
Having its Branch Office at Cantonment, Trichy
Rep. by its Authorized signatory, R. Karthick
---Petitioner/ Claimant
---Vs---
1) Mrs.S. Santhi, aged 45 years
W/o. Mr. R. Shanmugam,
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704.
2) Mr. R. Manikandan, aged 30 years
S/o. Ramaiyan
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704. ---Respondents
AFFIDAVIT FILED BY THE PETITIONER/ CLAIMANT
I, R. Karthick, son of Raju, aged 31 working as Assistant Legal
Manager, office at Bus Plaza, Second Floor, Front No. 5-G, Lawsons Road,
Cantonment, Trichy – 620 001 do hereby sincerely state as follows:-
1. I am working as Asst. Manager in the legal department of the
petitioner/ claimant and I am well acquainted with the facts of this petition
and I swear this affidavit on behalf of the petitioner/ Claimant Company.
2. That the above petitioner claimant have obtained an order
from the learned Sole Arbitrator Mr. A.S. VELMURUGAN, ADVOCATE, at
CHENNAI in I.A.No. 28 / 2021 in ARB. CASE No. ASV/SF/165/2019 dated 10-
07-2021 and the above attachment order is enclosed herewith and the
same is transmitted from the Sole Arbitrator Mr. A.S. VELMURUGAN,
ADVOCATE, at CHENNAI.
[3.] I submit that the said learned arbitrator order an attachment of
Respondents property is located in Nagapattinam District, Taluk,
Thirukkannapuram village within the jurisdiction of this Hon’ble Court and
within the limit of Nagapattinam District. I respectively submit that in
order to effective order of the attachment in I.A.No. 28 / 2021 in ARB.
CASE No. ASV/SF/165/2019 dated 10-07-2021 s directed by the Sole
Arbitrator . A.S. VELMURUGAN, ADVOCATE at CHENNAI and I may be permitted
to pay the special process fee for attachment and communication to the
Sub Registrar of Thirumarugal – Closed (Now Sub- Registrar of Nannilam).
The attachment of the property may be through the Senior Bailiff / Central
Nazir of this Hon’ble Court for communication purpose. Unless I submit
that if the petitioner is not allowed the petitioner/ Claimant will be put to
great loss and hardship.
Therefore it is just and necessary that this Hon’ble Court may be
pleased to permit me to pay the special process fee to effect the order of
attachment in I.A.No. 28 / 2021 in ARB. CASE No. ASV/SF/165/2019 dated
10-07-2021 by Sole Arbitrator A.S. VELMURUGAN, ADVOCATE at CHENNAI in
Respondent’s property to execute Central Nazir office through the
(Thirumarugal _ Closed) Now Sub Registrar – Nannilam and thus render
justice.
Solemnly affirm signed before me Before me
at Nagapattinam on
Advocate.
IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE,
NAGAPATTINAM.
BEFORE THE HON’BLE SOLE ARBITRATOR
Mr. A.S. VELMURUGAN, ADVOCATE, CHENNAI
I.A.No. 28/ 2021
IN
ARB. CASE No. ASV/SF/165/2019
M/s. Sundaram Finance Lmited
Rep. by its Manager (Legal)
21, Patullos Road,
CHENNAI – 600 002.
Having its Branch Office at Cantonment, Trichy
Rep. by its Authorized signatory
R. Karthick ---Petitioner/
Claimant
---Vs---
1) Mrs.S. Santhi, aged 45 years
W/o. Mr. R. Shanmugam,
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704.
2) Mr. R. Manikandan, aged 30 years
S/o. Ramaiyan
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704. ---Respondents
PETITION FILED BY THE PETITIONER/ CLAIMANT U/s. 151 R/w. 136 OF
CPC & U/s. 17 OF ARBITRATION AND CONCILIATION ACT
I. PETITIONER/ CLIMANT ADDRESS:
M/s. Sundaram Finance Lmited
Rep. by its Manager (Legal)
21, Patullos Road,
CHENNAI – 600 002.
AFS:
Mr. S. VEERAPANDIAN. B.A.,B.L.,
V. MATHIYAZHAGAN. B.Sc.,B.L.,
ADVOCATES
NAGAPATTINAM
II. RESPONDENTS ADDRESS:
1) Mrs.S. Santhi, aged 45 years
W/o. Mr. R. Shanmugam,
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704.
2) Mr. R. Manikandan, aged 30 years
S/o. Ramaiyan
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704.
III. PETITIONER BEG STATE AS FOLLOWS:-
For the reasons stated in the accompanying affidavit the petitioner/
claimant prayed that this Hon’ble Court may be pleased to permit the
petitioner/ claimant to pay the special process fee to effect the order of
attachment in I.A.No. 28 / 2021 in ARB. CASE No. ASV/SF/165/2019 dated
10-07-2021 by Sole Arbitrator A.S. VELMURUGAN, ADVOCATE at CHENNAI in 1st
& 2nd Respondent’s property to execute Central Nazir office through the
Sub – Registrar of Thirumarugal _ closed (Sub – Registrar of Nannilam) and
thus render justice.
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Place : Nagapattinam.
Date : Advocate
IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE,
NAGAPATTINAM.
BEFORE THE HON’BLE SOLE ARBITRATOR
Mr. A.S. VELMURUGAN, ADVOCATE, CHENNAI
I.A.No. 28/ 2021
IN
ARB. CASE No. ASV/SF/165/2019
M/s. Sundaram Finance Lmited
Rep. by its Manager (Legal)
21, Patullos Road,
CHENNAI – 600 002.
Rep. by its Authorized signatory
R. Karthick ---Petitioner/
Claimant
---Vs---
1) Mrs.S. Santhi, aged 45 years
W/o. Mr. R. Shanmugam,
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704.
2) Mr. R. Manikandan, aged 30 years
S/o. Ramaiyan
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704. ---Respondents
AFFIDAVIT FILED BY THE PETITIONER/ CLAIMANT
I, R. Karthick, son of Raju, aged 31 working as Assistant Legal
Manager, office at Bus Plaza, Second Floor, Front No. 5-G, Lawsons Road,
Cantonment, Trichy – 620 001 do hereby sincerely state as follows:-
I am the Authorized signatory and the Assistant Legal Manager of
the petitioner/ claimant and I know the fact of the case. I submit that the
respondents applied the loan with the petitioner/ claimant and the same
has been granted and paid to them. The respondents have agreed to
repay the amount with interest on monthly installment jointly and
severally. The respondents have committed default in repayment of the
loan installment. The respondents did not care to repay the amount in
spite of oral demands. As the oral demands have not been compiled by
the respondents, the petitioner/ claimant has filed the Arbitration case for
recovery of loan amount with cost and subsequent interest before the
Sole Arbitrator Mr. A.S. VELMURUGAN, ADVOCATE at CHENNAI. I submit that
the learned sole arbitrator has passed an order for attachment of the in
I.A.No. 28 / 2021 in ARB. CASE No. ASV/SF/165/2019 dated 10-07-2021. I
submit that the order made by the Sole Arbitrator Mr. A.S. VELMURUGAN,
ADVOCATE at CHENNAI is true and correct. Therefore I pray that the I.A.
may be taken on file and the process may be issued to respondents and
dispose of the same on merits.
Solemnly affirm signed before me Before me
at Nagapattinam on
Advocate.
IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE,
NAGAPATTINAM.
BEFORE THE HON’BLE SOLE ARBITRATOR
Mr. A.S. VELMURUGAN, ADVOCATE, CHENNAI
I.A.No. 28/ 2021
IN
ARB. CASE No. ASV/SF/165/2019
M/s. Sundaram Finance Lmited
Rep. by its Manager (Legal)
21, Patullos Road,
CHENNAI – 600 002.
Rep. by its Authorized signatory
R. Karthick ---Petitioner/
Claimant
---Vs---
1) Mrs.S. Santhi, aged 45 years
W/o. Mr. R. Shanmugam,
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704.
2) Mr. R. Manikandan, aged 30 years
S/o. Ramaiyan
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704. ---Respondents
AFFIDAVIT FILED BY THE PETITIONER/ CLAIMANT
I, R. Karthick, son of Raju, aged 31 working as Assistant Legal
Manager, office at Bus Plaza, Second Floor, Front No. 5-G, Lawsons Road,
Cantonment, Trichy – 620 001 do hereby sincerely state as follows:-
I am the Authorized signatory and the Assistant Legal Manager of
the petitioner/ claimant and I know the fact of the case. I submit that the
respondents applied the loan with the petitioner/ claimant and the same
has been granted and paid to them. The respondents have agreed to
repay the amount with interest on monthly installment jointly and
severally. The respondents have committed default in repayment of the
loan installment. The respondents did not care to repay the amount in
spite of oral demands. As the oral demands have not been compiled by
the respondents, the petitioner/ claimant has filed the Arbitration case for
recovery of loan amount with cost and subsequent interest before the
Sole Arbitrator in I.A.No. 28 / 2021 in ARB. CASE No. ASV/SF/165/2019
dated 10-07-2021 at CHENNAI. I submit that the learned sole arbitrator
has passed an interim order for attachment of the respondents property
in I.A.No. 28 / 2021 in ARB. CASE No. ASV/SF/165/2019 dated 10-07-2021.
I submit that the order made by the Sole Arbitrator Mr. A.S. VELMURUGAN,
ADVOCATE, at CHENNAI is true and correct. For taken necessary action in
respect of the above case on behalf of our company conferred power to
me vide letter dated 31-08-2020. The authorization letter / POA dated
31-08-2020 is enclosed herewith. Therefore I have permitted to file and
proceed the execution petition as Authorized Signatory / POA of the
petitioner/ Sundaram Finance Ltd.
Therefore it is prayed that this Honorable Court may pleased to
permit me to conduct the execution proceedings as Authorized Signatory /
POA of the petitioner/ Sundaram of the Petitioner company and thus
render justice.
Solemnly affirmed and Signed Before me
Before me at Thiruvarur/
Nagapattinam on
Advocate
IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE,
NAGAPATTINAM.
BEFORE THE HON’BLE SOLE ARBITRATOR
Mr. A.S. VELMURUGAN, ADVOCATE, CHENNAI
I.A.No. 28/ 2021
IN
ARB. CASE No. ASV/SF/165/2019
M/s. Sundaram Finance Lmited
Rep. by its Manager (Legal)
21, Patullos Road,
CHENNAI – 600 002.
Rep. by its Authorized signatory
R. Karthick ---Petitioner/
Claimant
---Vs---
1) Mrs.S. Santhi, aged 45 years
W/o. Mr. R. Shanmugam,
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704.
2) Mr. R. Manikandan, aged 30 years
S/o. Ramaiyan
No. 2/60, North Street,
Thirukkannapuram, Nagapattinam – 609 704. ---Respondents
PETITION FILED BY THE PETITIONER /DECREE HOLDER
UNDER ORDER - III, RULE 1 OF CPC
For the reasons stated in the accompanying affidavit the
petitioner/ decree holder prayed that this Honorable Court may pleased to
permit to conduct the execution proceedings as Authorized signatory /
POA of the Petitioner company and thus render justice.
Advocate
