M/S. Transcar India Private Limited, Reg Office At 355 A, Gst Road, Chennai 16rep.By Its Directors v. Daimler Financial Services India Pvt Ltd And 4 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 5th DAY OF APRIL 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR A. No.2473 of 2019 in O.A. No.49 of 2019 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of dispute between Daimler Financial Services India Private Limited and Trans Cars India Private Limited. In Working Capital Funding Facility Agreement Dated 28/07/2017 Spare Parts Funding Agreement Dated 1.8.2017 and Real Estate Funding Facility Dated 31.10.2013.
M/s.Daimler Financial Services India Private Limited, having its office inter alia at Unit 202, 2nd Floor, Campus 3B, RM Millenia Business Park, 143, Dr.M.G.R.Road, Perungudi, Chennai 600 096.
... Applicant -Versus1.M/s.Transcar India Private Limited, Reg. office at 355 A, GST Road, Alandur, Chennai 600 016 rep. by its directors.
2. Mr.Kahalid AK Buhari, S/o.M.K.M.Abdul Khader, No.26, Khader Nawaz Khan Road, Nungambakkam, Chennai 600 034.
3. Mr.Abdul Qadir S/o.B.S.Abdur Rahman, 8, Subba Rao Avenue 3rd Street, Nungambakkam, Chennai 600 006.
..Respondents
4. Start Health Investments Private Limited, No.10 & 11, Dr.Radhakrishnan Salai, Chennai Citi Center, 4th floor, Mylapore, Chennai 600 044 CIN-U65923TN2005PTC057106.
...4th Respondent/Garnishee A. No.2473 of 2019 M/s.Transcar India Private Limited, Reg. office at 355 A, GST Road, Alandur, Chennai 600 016 ..Applicant Vs.
1. M/s.Daimler Financial Services India Private Limited, having its office inter alia at Unit 202, 2nd Floor, Campus 3B, RM Millenia Business Park, 143, Dr.M.G.R.Road, Perungudi, Chennai 600 096.
2. Mr.Kahalid AK Buhari, S/o.M.K.M.Abdul Khader, No.26, Khader Nawaz Khan Road, Nungambakkam, Chennai 600 034.
3. Mr.Abdul Qadir S/o.B.S.Abdur Rahman, 8, Subba Rao Avenue 3rd Street, Nungambakkam, Chennai 600 006.
..Respondents
4. Start Health Investments Private Limited, No.10 & 11, Dr.Radhakrishnan Salai, Chennai Citi Center, 4th floor, Mylapore, Chennai 600 044 CIN-U65923TN2005PTC057106.
...4th Respondent/Garnishee
5. Mercedes Benz (India) Private Ltd.
E-3, MIDC Chakan - Phase III, Chakan Industrial Area, Kuruli & Nighoje Taluk - KHED, Pune 410 501.
...Proposed Respondent/Proposed Respondent
Application praying that this Hon'ble Court be pleased to allow impleadment of the proposed respondent and array the same as the 5th Respondent in the present proceedings. This Application coming on this day before this Court for hearing, the Court made the following order:- The prayer sought for herein is to allow impleadment of the proposed respondent and array the same as the fifth respondent in the present proceedings.
2. The prayer for impleadment of the fifth respondent as one of the respondents, i.e., fifth respondent in the main application is sought for.
3. The fifth respondent is the Mercedes Benz (India) Private Limited which is the manufacture of the vehicles and the parties herein already in this application, either the erstwhile agency of the said manufacture or the present agency and there has been independent dispute between these two agencies, where some interim arrangement had already been made in the main application.
4. Only in that circumstances, this application has been filed to implead this fifth respondent as one of the respondents in the main application and after hearing the learned counsel for the parties, this Court is of the view that, the fifth respondent is a necessary party to be
impleaded as one of the respondents in the main application for completely and effectually adjudicate the issue raised in this application. Hence this application is allowed and Mercedes Benz (India) Private Limited is impleaded as a party respondent in the main application.
5. The applicant is permitted to carry out the amendment and file the amended application copy within a period of one week from the date of receipt of a copy of this order.
Post the connected applications after the amendment is carried out.
Sd/-R.S.K.J 05.04.2019 //Certified to be a true copy// Dated this the day of 2018 JJ 19/09/19 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.