M/S Idfc First Bank Limited v. A R Krishnaa
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 16TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.1059 of 2021 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of disputes between M/s.IDFC First Bank Limited and A R Krishnaa in Used Car Loan Agreement No.21236489 dated 29.03.2019 M/S IDFC FIRST BANK LIMITED Rep.by its Authorized Signatory Mrs.J.Hephsiba Priya, KRM Towers, 7th Floor No.1, Harrington Road, Chetpet, Chennai 600 031.
..Applicant -VsA R KRISHNAA S/o.Ramadurai R, Old No.61/2, New No.81.
Paddy Field Road, Perambur, Near Bus Stand, Chennai - 600 011.
Also at Bajani Koil Street, Palathangal, Arani, Near Perumal Koil, Vellore, Tamil Nadu - 632 301.
..Respondent
Application praying that this Hon'ble Court be pleased to pass an order to appoint Mr.Rajendar Azmeera, Collection Manager of the Petitioner bank, as receiver to seize the vehicle more particularly described in the schedule to the Judges Summon wherever stationed in the premises of the Respondent or wherever it is found and with whomsoever it is found with powers to breakdown the premises and grant permission to the receiver to obtain police aid from the concerned police officer. This Application coming on this day before this court for hearing the court made the following order:
This application has been filed for appointment of a receiver to seize vehicle mentioned in the judges summons.
2. As per the clause between the parties in the Agreement, though it appears that notice has been sent, it was not served on the ground that 'no such person'. Therefore this Court is of the view that in the absence of service of notice, the order appointing Receiver to seize the vehicle cannot be passed mechanically.
3. As the respondent has committed default, it is for the applicant to invoke arbitration and so far no arbitration proceedings has been initiated.
4. In such view of the matter, it is for the applicant to file an application with correct address of the respondent, and thereafter, initiate proceedings as per law.
5. Accordingly, this application is closed.
Sd/.N.S.K.J.
16.07.2021 //Certified to be a true copy// Dated this the th day of 2021. SU/02.08.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.