Tvs Credit Services Ltd v. S.Sathish Kumar,

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 7/8/2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Application No.883 of 2019 In the matters of Arbitration & Conciliation Act 1996 between M/s TVS Credit Services Limited and Mr.Sathish Kumar.S arising under Lona cum Hypothecation Agreement No.

TN3000CA0008464 Agreement dated 13.07.2017.

M/s. TVS Credit Services Limited, Rep.by its Authorized Signatory Ms.Sinitha.S Jayalakshmi Estates, New No.29, Old No.8, Haddows Road, Chennai 600 006.

:Applicant Vs.

Mr.Sathish Kumar.S S/o. Sampath No.2/602, Murugan Koil Street, Vethala Thottan, Senner Kuppam, Chennai 600 056.

: Respondent

/ 2 / Application filed under XIV Rule 8 of Original Side Rules, 1956 r/w. Section 9, 9 (D) of the Arbitration and Conciliation Act, 1996 and Order XXVI Rule 9 of CPC to pass an Order of appointment of receiver Mr.Jayprakkash to seize and deliver the vehicle more fully described in the schedule herein available at the respondent's premises or wherever found and with whomsoever it is found and an trust the custody of the same to the Applicant, and permit the receiver to obtain police aid and to break open the premises.

For applicant ...

No appearance For respondent ...

Ms.J.Harshini Advocate Commissioner - - - - - -

O R D E R

This application has been filed for the appointment of a Receiver Mr.Jayaprakkash to seize and deliver the vehicle more fully described in the schedule available at the respondent's premises or wherever found and with whomsoever it is found and trust the custody of the same to the applicant and permit the Receiver to obtain Police aid and to break open the premises.

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2. Despite the Advocate Commissioner was appointed long back, i.e., on 1/2/2019, applicant is not cooperating in executing the warrant and not even paid remuneration. This itself clearly shows that the applicant is not interested in prosecuting the application.

3. In view of the above, instant application is dismissed. Sd/.N.S.K.J.

07.08.2020 //Certified to be a true copy// Dated this the day of 2020. SU/09.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.