Tata Capital Ltd v. Poorani David Raj

Arb.Appln.No.245 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2025 CORAM :

The Hon'ble MR.JUSTICE ABDUL QUDDHOSE Arb Appln No. 245 of 2025 Tata Capital Ltd By its Legal Manager, D.Kalaiarasan, 1st Floor, Centennial Square, 6A-Dr.Ambedkar Salai, Kodambakkam, Chennai 600 024.

.. Applicant Vs Poorani David Raj D1 Forma Tribhuvan, 1st Floor, Sakthi Nagar, 2nd Avenue, Nolambur, Landmark - Koil Street, Tamil Nadu 600 095.

.. Respondent For Applicant :

Mr.N.K.Vanan

O R D E R

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 vehicle from the respondent, the said Receiver is yet to repossess the vehicle.

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Arb.Appln.No.245 of 2025 ABDUL QUDDHOSE,J.

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

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 vehicle 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 vehicle from the respondent once the vehicle is located.

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