Kotak Mahindra Prime Ltd v. N. Jebakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 12.08.2021

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s.Kotak Mahindra Prime Ltd., rep. by its Authorised Offier Mr.Chinnamuthu ... Applicant Vs.

N.Jebakumar ... Respondent Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9 of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to seize and deliver the vehicle viz., Toyota Innova G4 registered No.TN20AV8380, Chassis No.KUN407056571, Engine No.2KD9727867 in Contract No.3487488 available at the respondent premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises.

For Applicant : Mr.D.Sathyaraj For Respondent : Mr.R.Srinivas 1\3

O R D E R

(This case has been heard through video conference) This application has been filed seeking for appointment of an Advocate Commissioner filed in the year 2010 and this Court by an order dated 23.03.2010 appointed the advocate commissioner. Having obtained interim order, it has not been informed as to whether the arbitration has been invoked or not. Therefore, in the absence of any intention to refer the matter for arbitration, this Court cannot wait years together without any arbitration.

2. In such view of the matter, no further adjudication is required in this matter. Accordingly, this application is closed. No costs. 12.08.2021 rpp 2\3

N.SATHISH KUMAR, J.

rpp 12.08.2021 3\3