M/S Mahaveer Finance India Limited v. K.Arumugasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 07TH DAY OF APRIL 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.1438 of 2021 In the matter of Arbitration and Conciliation Act 1996 and In the matter of dispute between M/s.Mahaveer Finance India Limited and Mr.K.Arumugasamy arising under Hire Purchase Agreement No.22375 dated 30/06/2018.

M/S MAHAVEER FINANCE INDIA LIMITED, Rep.by its Manager-Legal, Gaurav Chordia, Having office at No.41/44, K.G.Plaza, T8/T9, Third Floor, (Next to Sathyamurthy Bhavan), Chennai - 600 002.

..Applicant -VsK.ARUMUGASAMY S/o.Mr.Kovilpillai, No.3/46, South Street, Governagiri, Ottapidaram, Tuticorin ,Tamil Nadu - 628 401.

..Respondent Application praying that this Hon'ble Court be pleased to pass an order of appointment of Receiver Mr.B.Surendran, Assistant Cluster Manager, to seize and deliver the used vehicle ASHOK LEYLAND MULTI

AXLE GOOD WEHICLE 2011 MODEL bearing Chassis No.6, Engine No.MB1CTDYC9BHPC7740 Registration No.TN 67 AE 4200 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Receiver Mr.B.Surendran, 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:

This application has been filed for interim order for appointment of receiver to take possession of the vehicle for the default committed by the respondent.

2. On perusal of the application, a query has been posed to the counsel as to when the last installment has been paid and the default committed by the respondent, the answer came that the last installment has been paid in June 2019. In other words, the default was committed in the year 2019 itself in the month of June. Such being the matter, present application is filed in the year 2021 seeking interim order. Despite breaching the contract and the default committed by the respondent, the applicant has not invoked the arbitration as per the agreement. The same clearly indicates that there is no manifest intention on the part of the

applicant to refer the matter for arbitration. In such view of the matter, I am not inclined to grant the relief. It is for the applicant to invoke arbitration and seek interim order as per Section 17 of the Act.

3. Accordingly, this application is closed.

Sd/.N.S.K.J.

07.04.2021 //Certified to be a true copy// Dated this the th day of 2021. su.15.04.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.