M/S Indusind Bank Ltd v. M/S Gkr Infracon India Private Limited

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.04.2025

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M/s.IndusInd Bank Ltd., Rep. by its Assistant Vice President A. Ganesh Kumar ..

Applicant vs.

M/s.GKR Infracon India Private Ltd.

...

Respondent For Applicant : Ms. Meera Gnanasekar - - - - - - The Advocate Commissioner appointed by this Court submits that since the parts in the vehicle were removed, he could not repossess the vehicle / machinery from the respondent.

2. The learned counsel for the applicant also submits that if a week's time is granted, the Advocate Commissioner may be able to repossess the vehicle /machinery from the respondent and hand over the custody of the same to the applicant.

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3. Accordingly, time is extended for the Advocate Commissioner to repossess the vehicle / machinery till the next date of hearing. However, it is made clear that if the Advocate Commissioner fails to repossess the vehicle /machinery before the next hearing date, this application shall stand automatically closed, granting liberty to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the vehicle / machinery, once the repossession can be done and while doing so, this Court shall consider retaining the very same Advocate Commissioner, since the applicant has already paid the initial remuneration to the Advocate Commissioner. Post the matter on 17.04.2025.

02.04.2025 Note :

Registry is directed to issue a fresh Warrant of Commission, extending the time as stated supra.

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ABDUL QUDDHOSE, J.

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