Madras High CourtA/5577/2016closed

M/S.Cholamandalam Investment v. Gajendra Prasad Tripathi

2021-08-03Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 03RD DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.5577 of 2016 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of disputes between M/S.CHOLAMANDALAM INVESTMENT AND FINANCE CO., LTD., and Gajendra Prasad Tripathi arising under the Loan Agreement No.XTRASDL00001336609, Dated 31.12.2014.

M/S.CHOLAMANDALAM INVESTMENT AND FINANCE CO., LTD., REPRESENTED BY ITS AUTHORISED SIGNATORY, PARRY HOUSE, NO.2, N.S.C BOSE ROAD, PARRYS, CHENNAI-1 ..Applicant -VsMr.GAJENDRA PRASAD TRIPATHI, HOUSE NO.78, GRAM NIVAS, TAH -DEVSAR, DIS-SIDHI NIVAS, DEOSAR, MADHYA PRADESH - 486881 ..Respondent Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to seize and deliver the vehicle to applicant which

is more fully described in the schedule to the Judges summons which is lying in the custody of respondents, men, servants, agents, from his premises at House No.78, Gram Nivas, Tah -Devsar, Dis-Sidhi Nivas, Deosar, Madhya Pradesh-486881 or wherever found with the police aid and break open of premises if necessary.

This Application coming on this day before this court for hearing the court made the following order:

This application has been filed to appoint an Advocate Commissioner to seize and deliver the vehicle to applicant which is morefully described in the Schedule to the Judges Summons which is lying in the custody of respondents, men, servants, agents from his premises at House No.78, Gram Nivas, Tah-Devasar, Dis-Sidhi Nivas, Deosar, Madhya Pradesh 486 881, or wherever found with the police aid and break open of premises if necessary.

2. When the matter was taken up for hearing through Video Conferencing, there was no representation on behalf of the petitioner.

3. This matter is pending from the year 2016. Moreover, it is not informed to this Court whether the arbitration has been initiated or not. In such a view of the matter, no further order is required.

4. Accordingly, this Application is closed.

Sd/.N.S.K.J.

03.08.2021 //Certified to be a true copy// Dated this the th day of 2021. SU/09.08.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.