Madras High CourtA/1713/2021closed

M/S Tvs Credit Services Limited v. Mr.Abhijit Pandurang Thanekar

2021-07-19Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 19TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Disputes between M/s.TVS Credit Services Limited and Mr.Abhijit Pandurang Thanekar Arising under Loan Cum Hypothecation Agreement Dated 14.12.2017 bearing Agreement No.

MH3061CA0001579.

M/s.TVS Credit Services Limited Jayalakshmi Estates, New No.29, Old No.8, Haddows Road, Chennai - 600 006.

Represented by its Authorised Signatory ... Applicant

Versus

Mr.Abhijit Pandurang Thanekar, S/o.Pandurang Thanekar, C/o.Anand Tipugade, 858/1B, 1/1, Plot No.C2, Nr.Shamkala Appt, Jyotirling Nagar, Kalamba, Kolhapur, Karveer, Back Side of Potdar High School, Maharashtra-416 007.

... Respondent Application praying that this Hon'ble Court be pleased to appoint the

employee of the Applicant viz, Mr. SUNIL VISHNU PATIL, TERRITORY COLLECTION MANAGER, 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 respondent's men, agents, servants, from respondent premises or wherever found with Police aid and break open of premises if necessary.

This application coming on this day before this court for hearing in the presence of Mr.D. Pradeep Kumar, Advocate for the Applicant herein, and upon reading the judges summons and the affidavit of Mrs. Shanthi G.K. filed herein, it is ordered as follows:- That the A.No. 1713 of 2021 do stand closed.

2. That the Applicant herein shall be at liberty to approach the arbitrator for any interim relief under section 17 of the Arbitration and Conciliation Act after initiation of arbitration proceedings. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 19TH DAY OF JULY 2021.

Sd/- ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 05/08/2021

ORDER

DATED : 19.07.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 06/08/2021 APPROVED ON: 06/08/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MH3061CA0001579.

M/s.TVS Credit Services Limited Jayalakshmi Estates, New No.29, Old No.8, Haddows Road, Chennai - 600 006.

Represented by its Authorised Signatory ... Applicant

Versus

... Respondent Application praying that this Hon'ble Court be pleased to appoint the employee of the Applicant viz, Mr. SUNIL VISHNU PATIL, TERRITORY

COLLECTION MANAGER, 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 respondent's men, agents, servants, from respondent premises or wherever found with Police aid and break open of premises if necessary.

This Application coming on this day before this court for hearing and the court made the following order:- This application has been filed for appointment of a receiver to seize vehicle mentioned in the judges summons.

2. Today, when the matter is taken up for consideration, it is appears that notice itself has not been served to the respondent.

3. In such view of the matter, this Court is not inclined to grant any Order in this application and the applicant is at liberty approach the arbitrator for any relief under section 17 of the Arbitration and Conciliation Act after initiation of arbitration proceedings.

4. Accordingly, this application is closed.

Sd./-N.S.K.J.

19/07/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.