Madras High CourtArb Appln/123/2025closed

Cholamandalam Investment And Finance Co Ltd v. Nexxus In Corp

2025-03-06Honourable Mr Justice Abdul Quddhose2 pages

Arb Appln No. 123 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 123 of 2025 Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai-600 032 represented by its Authorised Signatory Applicant(s) Vs Nexxus In Corp Rep.by its Partneer, Shed No.1025, Metoda GIDC, Rajkot Kalawad Highway, Tal, Lodhika Rajkot, Gujarat 360 021.Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai ..Respondent For Applicant(s): Mr.D.Pradeep Kumar

ORDER

This application has been filed seeking for appointment of the applicant's own employee as a Receiver.

2. Though this Court had earlier appointed the applicant's own employee as a Receiver to repossess the equipment from the respondent, the said Receiver is yet to repossess the equipment. 1/2 https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE,J.

3. The learned counsel for the applicant would submit that the equipment has not been located and only due to the said reason, the Receiver could not repossess the equipment.

4. I have already made it clear in my previous orders that the question of appointing the applicant's own employee as a Receiver for the purpose of repossessing the equipment from the respondent cannot be granted, since the said receiver will not be a neutral person.

5. No useful purpose will be served if this application is allowed to be kept pending. Therefore, this Application is closed. However, liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the equipment from the respondent once the equipment is located.

06.03.2025 vsi To

1. Nexxus In Corp Rep.by its Partneer, Shed No.1025, Metoda GIDC, Rajkot Kalawad Highway, Tal, Lodhika Rajkot, Gujarat 360 021.Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Arb.Appln No. 123 of 2025 2/2 https://www.mhc.tn.gov.in/judis