M/S Hinduja Leyland Finance Limited v. Tamizhmaran Arumugam
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.06.2025
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M/s Hinduja Leyland Finance Limited Represented by its Manager Legal Mr.Sathish Having its Corporate Office, No.27A, Developed Industrial Estate, Guindy, Chennai-600032 and its branch at No.480, 4th Floor, Khiviraj Complex, Block-2, Nandanam, Chennai - 600 035.
...Applicant Vs.
1.Mr.Tamizhmaran Arumugam 2.Mr.Esaiyarasan R 3.Mr.Arumugam
...Respondents
PRAYER To appoint an Advocate Commissioner to seize and deliver the Vehicle AL NE 2825 TIPPER Vehicle Reg.No.TN-61-X-3706 , Chassis No.MB1H3VLD0NRDB8412 and Engine No.NDEZ702740 and the said vehicle is available at the Respondent's premises or wherever found and permit the advocate commissioner to obtain police aid and to break open the premises.
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For Applicant : Mr. A.Rajavel For Respondents : Mr. G. Vikraman Advocate Commissioner - - - - -
ORDER
This Court, as early as on 12.03.2025, appointed an Advocate Commissioner to repossess the vehicle from the respondents or wherever available.
2. Thereafter, on 16.04.2025, a request was made by the learned counsel for the applicant, extension of time was granted for the Advocate Commissioner to execute the warrant of commission.
3. However, till date, the vehicle has not been repossessed by the Advocate Commissioner. Since according to the applicant, the vehicle could not be located, no useful purpose would be served, if this application is allowed to be kept pending.
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4. Accordingly, this application is closed by granting liberty to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner once the vehicle is located. While considering the fresh application, this Court shall consider retaining the very same Advocate Commissioner, who has been appointed in this application since the applicant has already paid the initial remuneration to the Advocate Commissioner.
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ABDUL QUDDHOSE, J.
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