Cholamandalam Investment And Finance Co Ltd v. Pmp Infratech Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.04.2025
CORAM
THE HON'BLE Mr. JUSTICE ABDUL QUDDHOSE M/s.Cholamandalam Investment and Finance Company Ltd., Rep. By its Authorised Signatory ...
Applicant in all applications vs.
M/s.PMP Infratech Pvt. Ltd.
...
Respondent in all applications For Applicant in all applications : Mr.D. Pradeep Kumar For Respondent in all applications : Mr.Bhavesh Hajare and Dr.S. Diraviam Dinesh COMMON ORDER It is represented by the learned counsel for the respondent that settlement talks made by the respondent with the applicant has failed in Arb. Appln. Nos.54 and 56 of 2025.
2. A Receiver was appointed by this Court to repossess the vehicle from the respondent or wherever available.
3. It is now represented by the learned counsel for the applicant that the Receiver has already repossessed the subject vehicles which are 1/3
the subject matter of Arb. Appln. Nos.54 and 56 of 2025. Till date, the counter has also not been filed in those applications. Hence the respondent is set ex-parte in Arb. Appln Nos.54 and 56 of 2025.
4. Since the vehicles have already been repossessed, nothing survives for further adjudication in those applications. Accordingly Arb. Appln Nos.54 and 56 are closed.
5. Insofar as Arb. Appln. No.55 of 2025 is concerned, even though a Receiver was appointed by this Court in the said application, the said Receiver has not been able to repossess the vehicle from the respondent till date. This Court has already expressed its view that an employee of the applicant cannot be appointed as a Receiver, since he is not a neutral person. Therefore, Arb. Appln. No.55 of 2025 has to be closed. Accordingly, Arb. Appln. No.55 of 2025 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 instead of a Receiver, who is an employee of the applicant. 03.04.2025 Index: Yes/ No Speaking order / Non speaking order vsi2 2/3
ABDUL QUDDHOSE, J.
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