David Chellaiah Kanmani v. M/S.Kanakadurga Finance Ltd. And Another

Original Application No.75 of 2023 Original Application No.75 of 2023 KRISHNAN RAMASAMY, J.

The present Original Application has been filed to grant an order of injunction, restraining the first respondent from seizing the vehicle of the applicant bearing Registration No. TN 74 M 3897 Toyota Innova 2 SG7STR Power Steering BS III/U/2008 till the disposal of the Arbitration Proceedings in No.35 of 2022 on the file of the Sole Arbitrator Mr.K.Sendhur Pandi.

2. Today when the matter is taken up for hearing, the learned counsel appearing for the applicant submits that the Arbitration Proceedings No.35 of 2022 has already been initiated. When the Arbitration Proceedings are going on, the respondents are attempting to seize the vehicle. The learned counsel appearing for the applicant further submits that he is not in a position to move before the learned Arbitrator since the proceedings are listed on 08.04.2023. On 08.04.2023, he would approach the learned Arbitrator and would obtain appropriate orders. Therefore, he prays that an interim relief may be granted not to seize the vehicle till 08.04.2023. https://www.mhc.tn.gov.in/judis

Original Application No.75 of 2023 KRISHNAN RAMASAMY, J.

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3. In view of the above submissions made by the learned counsel for the applicant, this Court is inclined to grant an order of interim injunction. Accordingly, there shall be an order of interim injunction till 08.04.2023. The learned counsel for the applicant is directed to approach the learned Arbitrator on 08.04.2023 for getting appropriate orders. This Original Application is disposed of accordingly. 20.03.2023 asi Original Application No.75 of 2023 https://www.mhc.tn.gov.in/judis