M/S. Cholamandalam Invesment v. Mr. Vidyadharan N

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 4TH DAY OF AUGUST 2015 THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU A. No.3693 of 2015 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.Vidyadharan N., Arising under Loan Agreement No.

XSHUKTP00000957972 Dated 26/04/2013.

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 Vs.

Mr.Vidyadharan N.

S/o.Narayanan Nedumangattu House, Kattappana South PO, Kanchiyar, Idukki, Udumbanchola, Kerala - 685 515.

: Respondent Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to seize and deliver the vehicle to applicant, which is more fully described in

the schedule to the Judges Summons which is lying in the custody of respondent or his men, agents, servants from his premises at Nedumangattu House, Kattappana South PO, Kanchiyar, Idukki, Udumbanchola, Kerala - 685 515 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:- This application was filed for appointment of Advocate Commissioner to seize and deliver the vehicle to the applicant. By order dated 15.06.2015, this Court appointed the Advocate Commissioner who in turn executed the warrant and seized the vehicle and handed over the same to the applicant as per the report filed by him.

2. Learned counsel for the applicant submits that since the prayer sought for in the this application has been granted and also complied with by the Advocate Commissioner, nothing survies in this matter to be further adjudicated upon. The respondent was served with private notice. He has not chosen to appear either in person or counsel. His name is printed in the cause list.

3. Considering the above stated facts and circumstances

and consider the fact that the prayer sought for in this application has been granted and the warrant was also executed by the Advocate Commissioner, nothing survies in this matter to be further adjudicated upon. Accordingly, this application is closed.

sd/.R.M.D.J 04.08.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/27.08.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.