Sundaram Finance Ltd., v. Vishal Atmaram Bangar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 05TH DAY OF SEPTEMBER 2018 THE HON'BLE MR. JUSTICE C.SARAVANAN A. No.2899 of 2016 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Arbitration of the dispute between Sundaram Finance Limited and Mr.Vishal Atmaram BangarLoan Agreement No.GZ408058 dated 10.05.2011.

Sundaram Finance Limited Rep by its Deputy Manager (Legal), Mr.Vyas Prakash 21, Patullos Road Chennai 600 002.

:Applicant Vs.

Mr.Vishal Atmaram bangar S/o. Mr.Atmaram Bangar Ganesh Nagar, AT & Post Murbad Taluk: Murbad Thane District, Maharashtra 42101 : Respondent Application praying that this Hon'ble Court be pleased to pass an order of appointment of an Advocate Commissioner to seize and deliver the machinery morefully described in the schedule therein available at the Respondent's premises or wherever found and with whomsoever it is found and entrust the custody of the same to the Applicant, and permit the Advocate Commissioner to obtain Police aid and to break open the premises This Application coming on this day before this court for hearing the court made the following order: https://hcservices.ecourts.gov.in/hcservices/ By order, dated 27.09.2016, this Court appointed Mr.R.Deepan, Advocate, as an Advocate Commissioner to take

possession of the machinery in question.

2. Pursuant to the warrant of commission issued by this Court to seize the machinery, it is today represented by the learned counsel appearing for the applicant that the subject asset has been re-possessed and handed over to the applicant company by the Advocate commissioner. It is also submitted by the learned counsel for the applicant that arbitration proceedings have concluded and an award has been passed in its favour as early as on 28.06.2014 in Arbitration Case No.SK/SF/233 of 2014. The said statement is recorded.

3. Though paper publication was effected and his name has been printed in the cause list, none appears on his behalf.

4. In the above circumstances, nothing further survives in this application and the same stands closed. Sd/-C.S.N.J 05.09.2018 //Certified to be a true copy// Dated this the day of 2018. KY/12.09.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/