M S Mercedes Benz Financial Services India Pvt Ltd v. D K Sharma
Arb Appln No. 53 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2025
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 53 of 2025 M s Mercedes Benz Financial Services India Pvt Ltd 5th Floor Plot 8 Baashyam Willow Square 9 and 10 First Street Thiru vi ka Industrial Estate Guindy Chennai 600032 Tamil Nadu India Appellant(s) Vs D K Sharma 546, Yamunothri Enclave, Sevlakala Chandramani, Dehradun G.P. Dehradun 258 001.5th Floor Plot 8 Baashyam Willow Square 9 and 10 First Street Thiru vi ka Industrial Estate Guindy Chennai 600032 Tamil Nadu India Respondent(s) For Appellant(s): Ms.Narmadha for Mr.M.Arunachalam For Respondent(s):
Mr.R.P.Ruban Chakravarthy-Advocate Commissioner
O R D E R
This Court, by its order dated 10.01.2025, appointed an Advocate Commissioner to repossess the vehicle from the respondent or wherever available. Till date, the Advocate Commissioner appointed by this Court is unable to
repossess the vehicle.
ABDUL QUDDHOSE,J.
2. The learned counsel for the applicant would submit that the vehicle has not been located and only due to the said reason, the Advocate Commissioner could not repossess the vehicle.
3. No useful purpose will be served if this application is allowed to be kept pending. Therefore, this Application is closed. However, liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the vehicle from the respondent once the vehicle is located. Since the applicant had already paid the initial remuneration to the Advocate Commissioner, this Court shall consider retaining the very same Advocate Commissioner in the fresh application to be filed by the applicant once the vehicle is located.
27-02-2025 vsi To D K Sharma, 546, Yamunothri Enclave, Sevlakala Chandramani, Dehradun G.P. Dehradun 258 001.5th Floor Plot 8 Baashyam Willow Square 9 and 10 First Street Thiru vi ka Industrial Estate Guindy Chennai 600032 Tamil Nadu India
Arb Appln No. 53 of 2025