Gove Finance Ltd v. S. Praveen Kumar
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 7/8/2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR A.No.1689 of 2019 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Disputes between M/s.
Gove Finance Ltd., and Mr.S.Praveen Kumar and 2 others in respect of Loan Agreement No. LCOI18010085 Dated 05.02.2018.
M/s. Gove Finance Ltd rep. By its Authorised Representative India Garage Building, III Floor Old No.184 New No.239 Anna Salai Chennai 600 006.
...
Applicant Vs S. Praveen Kumar S/o.Savrinathan, No.130, Karunanithi Colony, Fern Hill, Ooty-643004 ...
Respondent Application filed under XIV Rule 8 of Original Side Rules, 1956 r/w. Section 9 (ii) of the Arbitration and Conciliation Act, 1996 to pass an order of appointment of Mr.M.S.Jayachandran, Emp Id No. TVSTML002661 Security Officer of the applicant company as receiver to
/ 2 / seize the vehicle more particularly described in the schedule to the judges summons 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.
For applicant ...
No appearance For respondent ...
No appearance - - - - - -
O R D E R
This Court, by an order dated 4/3/219, appointed Advocate Commissioner to seize the vehicle within a period of six months and also made it clear that if the applicant fails to initiate arbitration proceedings, within the stipulated period, order made by this Court stands revoked automatically. This Court has referred the judgment of FIRM ASHOK TRADERS AND ANOTHER etc., GURUMUKH DAS SALUJA AND OTHERS, etc., reported in 2004 (2) CTC 208.
2. Today, when the matter is taken up for hearing, there is no representation on behalf of the applicant to say whether the arbitration proceedings commenced or not.
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3. In such a view of the matter instant application stands dismissed.
Sd/.N.S.K.J.
07.08.2020 //Certified to be a true copy// Dated this the day of 2020. SU/09.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.