Cholamandalam Investment And Finance Company Ltd v. Mr.Abdul Salam K.A. S/O,Kunji Mahinkutty

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 27TH DAY OF MARCH 2019 THE HON'BLE MR JUSTICE R.SURESH KUMAR A. NO.885 OF 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd. And Mr.Abdul Salam K.A.Arising under Loan Agreement No.XVFPKGD00001657426 dated 27.04.2016.

M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001.

Represented by its Authorised Signatory.

... Applicant -VersusMr.Abdul Salam K.A S/o.Kunhi Mahinkutty Puthariyadukam (H),Thekkil Po, Kasargod, Chengla, Kerala-671541 ...Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz.Mr.Devarajan C., Sr.Legal Executive, as Receiver to seize and take possession of the vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondent's men, agents, servants

from respondent premises or wherever found with 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: Pursuant to the order passed by this Court, dated 04.02.2019, whereby the Receiver has been appointed and the Receiver has also executed the warrant and seized the vehicle in question and handed over the same to the applicant company, which is acknowledged by the learned counsel appearing for the applicant.

2. In the meanwhile, the notice sent to the respondent privately by the applicant has been returned as not claimed and in this regard proof of service has been filed by the learned counsel for the applicant before this Court. As the notice was returned as unclaimed, it should be construed as completion of service.

3. Since the Receiver has completed the task and the vehicle in question has been seized and handed over to the applicant, no further order is required to be passed in this application.

Accordingly, by recording the aforesaid development, this application is closed.

sd./- R.S.K.J./- 27.03.2019 //Certified to be true copy// Dated at Madras this the day of 2019. TE/14.05.2019 COURT OFFICER (O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.