M/S.Idfc First Bank Limited v. Komalavalli S
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 8TH DAY OF APRIL 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. Nos.2950 to 2952 of 2020, A.Nos.2955, 2956, 2958 to 2960 of 2020 A.No.2950 of 2020:
In the matter of dispute between M/s.Capital First Limited and Komalavalli.S in Used Car Loan Agreement No.5225569 dated 31.01.2016 M/S.IDFC FIRST BANK LIMITED KOMALAVALLI S No.13, New No.20, Sathivani Muthu, Sozhinallur, Chennai - 600 119.
order to appoint Mr.Rajasekar.A the Petitioner herein, as Receiver to seize
A.No.2951 of 2020:
M/s.Capital First Limited and B.Mathivanan in Used Car Loan Agreement No.7408779 dated 23.07.2016 M/S.IDFC FIRST BANK LIMITED B.MATHIVANAN 4th Floor, MAA Ashirwad 408 Plot No.160, Kadapa Road, Kallikuppam, Ambattur, Chennai - 600 053.
order to appoint Mr.Rajasekar.A, the Petitioner herein, as Receiver to seize
A.No.2952 of 2020:
M/s.Capital First Limited and Krishnan.B in Used Car Loan Agreement No.5897669 dated 17.05.2016 M/S.IDFC FIRST BANK LIMITED KRISHNAN B No.22A, Kalaimagal Nagar, Puthagaram, Kolathur, Chennai - 600 099.
order to appoint Mr.Rajasekar.A, the Petitioner herein, as Receiver to seize
A.No.2955 of 2020:
M/s.Capital First Limited and K.Bala Murugan in Used Car Loan Agreement No.9955841 dated 22.02.2017 M/S.IDFC FIRST BANK LIMITED K.BALA MURUGAN No.62 and 63 Flat No.S8, Ishwarya Homes, Brindhavan Nagar, 2nd Street, Valasaravakkam, Chennai - 600 087.
order to appoint Mr.Rajasekar.A, the Petitioner herein, as Receiver to seize
A.No.2956 of 2020:
M/s.Capital First Limited and Ramesh.S in Used Car Loan Agreement No.14648112 dated 23.03.2018 M/S.IDFC FIRST BANK LIMITED RAMESH S No.12, Narmadha Street, Kasi Visalakshmi Puram, Keelkattalai, Chennai - 600 117.
... Respondent order to appoint Mr.Rajasekar.A the Petitioner herein, as Receiver to seize
A.No.2958 of 2020:
M/s.Capital First Limited and Daisy Rani in Used Car Loan Agreement No.12714479 dated 29.08.2017 M/S.IDFC FIRST BANK LIMITED, DAISY RANI No.7/205, Ambethkar Street, Barathiyar Nagar, Nandampakkam, Kancheepuram, Chennai - 600 069.
order to appoint Mr.Rajasekar.A, the Petitioner herein, as Receiver to seize 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. A.No.2959 of 2020:
M/s.Capital First Limited and CRK Selvakkumar in Used Car Loan Agreement No.11484675 dated 31.05.2017 M/S.IDFC FIRST BANK LIMITED, CRK SELVAKKUMAR 12/10, Rukmani Street, U R Nagar, Padi, Tiruvallur, Chennai-600 050.
order to appoint Mr.Rajasekar.A, the Petitioner herein, as Receiver to seize A.No.2960 of 2020:
M/s.Capital First Limited and Yuvaraj.C in Used Car Loan Agreement No.12401355 dated 29.07.2017 M/S.IDFC FIRST BANK LIMITED, YUVARAJ C Plot No.7A, VOC Street, Gangai Nagar, Killikuppam, Chennai - 600 053.
order to appoint Mr.Rajasekar.A the Petitioner herein, as Receiver to seize These Applications are coming on this day before this court for hearing the court made the following order:
These applications have been filed for interim protection for appointment of a Receiver to seize the vehicle more particularly described in the schedule to the Judges Summons.
2. Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent. 3.The agreement between the parties with regard to the loan facility is extended to the applicant for the purchase of used car. Subsequently the respondents have committed default as early as on 31.01.2020. Though the contract governing the parties provides clause for reference of the dispute for arbitration, the dispute arose in the year 2020 in the month of
January itself, till now, the applicant has not invoked the arbitration. Such being the matter, the present applications have been filed seeking interim order only to secure the vehicle, which indicates that the applicant is not interested to go for arbitration. Despite breaching the contract and the default committed by the respondents, the applicant has not invoked 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.
4. Accordingly, the above applications are closed. Sd/-N.S.K.J.
08.04.2021 //Certified to be a true copy// Dated this the th day of 2021 SU/21.04.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.