M/S.Manapuram Finance Limited v. Mrs.G.Lakshmi And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 13TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.157 of 2021 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/S.MANAPURAM FINANCE LIMITED and MRS.G.LAKSHMI, and others arising under Loan Agreement dated 15.10.2019 bearing Loan Agreement MFPOMFLONS000005126943 M/S.MANAPURAM FINANCE LIMITED No.400 (116/1) Dr.Natesan Road, Triplicane, Chennai - 600 005, Represented by its Authorised Signatory, Mr.Maniarasan (Emp.No.62566).
..Applicant -Vs1. MRS.G.LAKSHMI, No.2/122 Saren Nagar, Thirunallur, Muthurapalayam, Pondicherry - 605 009.
..Borrower
2. MR.M.GNANASEKAR No.2/122, Saren Nagar, Thirunallur, Muthurapalayam, Pondicherry - 605 009.
..Co-Borrower-1
3. M.YASODAI No.489, Elagost Royapettaivanur, Rayapudupakkam, Pondicherry.
..Co-Borrower-2 Respondents Application praying that this Hon'ble Court be pleased to pass an order of Appointment of Advocate Commissioner as receiver to seize the vehicle more particularly described in the schedule to the Judges Summons wherever stationed in the premises of the respondents or wherever it is found and with whomsoever it is found with powers to break open the premises and grant permission to the Advocate Commissioner to obtain police aid from the concerned police officer. This Application coming on this day before this court for hearing the court made the following order:
This application has been filed for appointment of an Advocate Commissioner as Receiver to seize the vehicle more particularly described in the schedule to the Judges Summons wherever stationed in the premises of the respondents or wherever it is found and with whomsover it is found with powers to break open the premises and grant permission to the Advocate Commissioner to obtain Police aid from the concerned Police Officer.
2. Heard Ms.R.Meenakshi Devi, learned counsel for the applicant.
3. From the records available on record, it is seen that notice has not been served.
4. Considering the nature of the dispute, I am not inclined to grant any orders, under Section 9 of the Arbitration and Conciliation Act, 1996. Accordingly, this Application is dismissed. It is well open to the applicant to approach the learned Arbitrator for necessary relief under Section 17 of the Arbitration and Conciliation Act, 1996.
Sd/.N.S.K.J.
13.07.2021 //Certified to be a true copy// Dated this the th day of 2021. SU/23.07.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.