Madanlal Gundecha v. J.Ganesh

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.6664 of 2016 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of - Arbitration of dispute between - Mr.Madanlal Gundecha, Proprietor, M/s.Gundecha and Company - and - Mr.J.Ganesh and another - Loan - cum Hypothecation Agreement No: G and Co HP 01243, dated 06.06.2014.

Mr.MADANLAL GUNDECHA, Proprietor, M/s.Gundecha and Company, having office at No.:6, (Old No.5) Bharathi Nagar 2nd street, North Usman Road, T Nagar, Chennai - 600 005 ..Applicant -Vs1. Mr.J.GANESH Son of Mr.D.Jayachandran, No.2/380, Palavedu Main Road, Palavedupettai Village, Avadi IAF, Chennai- 600 055 2.Mr.B.MURALI 172, Draupadi Amman Koil street, Annambedu Village, Nemilichery Post, Poonamallee Taluk, Thriuvallur-602 024 ..Respondents

Application praying that this Hon'ble Court be pleased to appoint an Advocate commissioner to seize and deliver 2007 Model TATA TIPPER LORRY bearing Chassis No.373135LSZ747009 fitted with Engine No.697TC56LSZ8A3645 AND Registration No.TN 20 AH 4252 from the respondents or wherever it is found with liberty to sell and to permit the Advocate commissioner to obtain police aid and to break open the premises within which the said vehicle is lying 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 2007 Model TATA Tipper Lorry bearing Chassis No.373135LSZ747009 fitted with Engine No.697TC56LSZ8A3645 and Registration No.TN20AH 4252 from the respondents or wherever it is found with liberty to sell and to permit the Advocate Commissioner to obtain Police aid and to break open the premises.

2. Heard Mr.R.Uma Shankar, learned counsel for the applicant.

3. Today, when the matter was taken up for hearing through Video Conferencing, learned counsel appearing for the applicant would submit that award has already been passed.

4. In such a view of the matter, no further order is required to be passed in this Application.

5. 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.