M/S. Cholamandalam Investment v. Nisha.S.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2017

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE M.SUNDAR O.S.A.No.15 of 2017 and C.M.P.No.1320 of 2017 M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai-600 001.

rep. by its Authorised Signatory.

... Appellant Vs Nisha S.

... Respondent Appeal filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the order dated 02.12.2016 made in Application No.2403 of 2016 on the file of this Court.

For Appellant : Mr.D.Pradeep Kumar

JUDGMENT

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The learned counsel for the appellant states that the amount specified as Rs.4,29,250/- in the impugned order is only towards part of the instalments due upto 01.12.2016 and the total amount of foreclosure of the loan would be Rs.9,24,112.30 as on 02.12.2016. He, thus, submits that if the account has to be regularised, apart from the payments referred to aforesaid, the further instalments have also to be paid and the instalment for January, 2017 has not been paid. The schedule of payment is not stated to have been filed as per the impugned order. He further states that a Demand Draft of Rs.2.00 lakhs handed over in Court, has still not been encashed and the vehicle has not been released.

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2. We are of the view that the appellant should move the learned Single Judge with these facts within a week, so that there is no stand off in terms of the vehicle not being released and the payments not arising as a consequence thereof.

3. The appeal, accordingly, stands disposed of. No costs. Consequently, C.M.P.No.1320 of 2017 is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bbr To The Sub Assistant Registrar, Original Side, High Court, Madras.

+1cc to Mr.T.Dhanya Kumar, Advocate, S.R.No.6759 O.S.A.No.15 of 2017 MG(CO) CA(09/02/2017) https://hcservices.ecourts.gov.in/hcservices/