Madras High CourtA/2340/2018closed

M/S.Cholamandalam Investment v. Mr.Phatah Lal S/O,.Nanu Ram

2019-03-29Honourable Mr Justice R. Suresh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 29TH DAY OF MARCH 2019 THE HON'BLE MR JUSTICE R.SURESH KUMAR A. NO.2340 OF 2018 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd. And Mr.Phatah Lal Arising under Loan Agreement No.XTRANEE00001235024 Dated 05.07.2014.

M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001.

Represented by its Authorised Signatory.

... Applicant VersusMr.Phatah Lal, S/o.Nanu Ram, H.No.105, Gram Chenapvra, the Neemuch, Near Main Road, Madya Pradesh 458441

...Respondent

Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz. Mr.Laxman Singh Rathor, BBM-Neemuch VF as Receiver to seize and take possession of the vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or his men, agents, servants from his premises or wherever found with police aid and break open https://hcservices.ecourts.gov.in/hcservices/ of premises if necessary.

This Application coming on this day before this court for hearing the court made the following order: Pursuant to the order passed by this Court, dated 19.07.2018, whereby the Receiver has been appointed, the Receiver has also executed the warrant and seized the vehicle in question and handed over the same to the applicant company, which is acknowledged by the learned counsel appearing for the applicant.

2. In the meanwhile, the notice also has been served on the respondent and the service is completed as recorded by the learned Master by order, dated 28.02.2019, however no one is appearing for the respondent.

3. Since the Receiver has completed the task and the vehicle in question has been seized and handed over to the applicant, no further order is required to be passed in this application.

Accordingly, by recording the aforesaid development, this application is closed.

Sd./- R.S.K.J.

29.03.2019 //Certified to be true copy// Dated at Madras this the day of 2019. TE/13.05.2019 COURT OFFICER (O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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