Cholamandalam Investment And Finance Co., Ltd v. Samit Kumar S/O.Alok Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 04TH DAY OF JUNE 2019 THE HON'BLE MS.JUSTICE PUSHPA SATHYANARAYANA A.No.254 of 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd. And Mr.Samit Kumar Arising under Loan Agreement No.XVFPBEG00001583850 Dated 28.01.2016.

M/s.Cholamandalam Investment and Finance company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001.

Represented by its Authorised Signatory.

: Applicant Vs.

Mr.Samit Kumar, S/o Alok Kumar, Ramcharan Tola Vill Mokama, PS Mokama, Patna, Near of Anand Medical, Bihar 803302.

: Respondent

Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz. Mr.Satyendra Kumar Saharma, Executive - Legal as Receiver to seize and take possession of the vehicle, which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or his men, agents, servants from his premises or wherever found with Police aid and break open of premises if necessary.

This application coming on this day before this court for hearing the court made the following order:

By order dated 11.01.2019, this Court appointed one Mr.Satyendra Kumar Sharma, Executive-Legal, as a Receiver, to seize and possess the vehicle in question.

2. Pursuant to the warrant of commission issued by this Court to seize the vehicle, it is today represented by the learned counsel appearing for the applicant that the subject asset has been repossessed on 25.03.2019 and handed over to the applicant company by the Receiver. He would also confirm that proceedings for arbitration in connection with the transaction relating to the aforesaid asset have been concluded and an

award has been passed favouring the applicant on 22.03.2019 in Arbitration Case.

3.Though the respondent has been served with notice and his name has also been printed in the cause list, there is no representation for him either in person or through counsel.

4. In view of the above, nothing further survives in this application and the same stands closed. The parties are free to take such action, as they may desire hereafter, in accordance with law.

Sd/.P.S.N.J 04.06.2019 //Certified to be a true copy// Dated this the day of 2018.

R.s/10.06.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.