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Madras High CourtA/1617/2019closed

Hdb Financial Services Ltd v. Mr.Venugopal R S/O.Raghavan Nair

2019-07-08Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 08TH DAY OF JULY 2019 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA A. No.1617 of 2019 In the matter of Arbitration & Conciliation Act 1996 And In the matter of Loan cum Hypothecation Agreement and dispute between M/s. HDB Financial Services, and Mr.Venugopal R - Loan No.

1161791 Dated 24.10.2015.

M/s. HDB Financial Services Limited, Registered Office at Radhika, 2nd Floor, Law Garden Road, Navrangpura, Ahmedabad - 380 009 Corporate Office at Process House, 2nd Floor, Kamala Mills Compound, Lower Parel, Mumbai 400 013 Branch Office at 4th Floor, Loyal Towers, No.68/2, Greams Road, Chennai 600 006 Represented by its Associate-Legal Mr.Godson Vinokaran :Applicant Vs.

1. Mr.Venugopal R S/o. Raghavan Nair Krishna (H), Udayanapuram PO, Vaikom, Kottayam, Kerala 686143.

2. Mr.Lalu B S/o. Venugopal Krishna (H), Udayanapuram PO, Vaikom, Kottayam, Kerala 686143.

: Respondents Application praying that this Hon'ble Court be pleased to appoint a receiver namely Mr.Aneesh M N of the applicant to seize and deliver the vehicle Swaraj Mazda Super, Registered No. KL701962, Chassis No. MBUZT54XAY0181797, https://hcservices.ecourts.gov.in/hcservices/ Engine No. SLT3AY175469 available at the respondent's premises or wherever found and permit the receiver namely

Mr.Aneesh M N of the applicant 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: By order dated 01.03.2019, this Court appointed Mr.Aneesh M N, as Receiver, to seize and possess the vehicle in question.

2. Notice sent to the first respondent has been delivered, while notice sent to the second respondent has been served. Despite the names being printed in the cause list, none appears on their behalf. Hence, service is held sufficient.

3. Pursuant to the warrant of commission issued by this Court to seize the vehicle, it is today represented by the learned counsel appearing for the applicant that the subject asset has been seized on 03.04.2019.

4. It is further submitted that pursuant to repossession of the vehicle, there was an amicable settlement between the parties and the vehicle was returned back to the respondents.

4. In view of the above, nothing further survives in this application and the same stands closed.

Sd/.P.S.N.J.

08.07.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/31.10.2019 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/