M/S Kotak Mahindra Bank Ltd v. M/S Indma Transworld Limited,

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.6007 of 2007 M/s.Kotak Mahindra Bank Ltd., I Floor, No.39, Ceebros Centre, Monteith Road, Egmore, Chennai - 600 008.

Rep.by its Manager - Legal, S.Gokul ...

Applicant versus 1.M/s.Indma Transworld Limited, 2.Kamalesh Kumar Bafna, No.38, Old No.41, Thirupalli Street, Sowcarpet, Chennai - 600 079.

...

Respondents Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(2)(b)and (e) of the Arbitration and Conciliation Act, 1996, and Section 136 of Code of Civil Procedure, 1908, to direct the respondents to surrender the TATA TELCO 1613 GOODS VEHICLE bearing Chassis No.37334IEVZ722726 fitted with Engine No.697TC45EVZ893209 fitted with Registration No.MP09KD1977 within the time stipulated by this Court.

For Applicant : Mr.R.Umashankar https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

This application has been filed by the applicant, seeking a direction to the respondents to surrender the vehicle, which was the subject matter of the Hire Purchase Agreement.

2. This application is pending from the year 2007 and till date, the applicant is not able to bring any materials before this Court whether the proceedings for arbitration have been initiated or not.

3. In such view of the matter, this Court is of the view that the application for interim measure cannot be kept pending endlessly and hence, this application stands closed.

Sd/.N.S.K.J.

25.08.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/22.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/