M/S Hinduja Leyland Finance Limited v. Sankar

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.Sankar 2.Mrs.Manjula S.

...Respondents

PRAYER To appoint an Advocate Commissioner to seize and deliver the Vehicle AL N 2825 TIPPER Vehicle Reg.No.TN-61-Y-4200, Chassis No.MB1H3VLD5PRGL9076 and Engine No.PGEZ702629 and the said vehicle is available at the Respondents 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.C.Jayapal 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. On 16.04.2025, this Court had also granted extension of time for the Advocate Commissioner to execute the warrant of commission.

3. Till today, the vehicle has not been repossessed by the Advocate Commissioner. Sufficient time has been granted to the Advocate Commissioner to execute the warrant of commission. Hence, no useful purpose would be served, if this application is allowed to be kept pending.

4. Accordingly, this application is closed. However, liberty is granted to the applicant to file a fresh application seeking for 2/4

appointment of an Advocate Commissioner once a vehicle is located by the applicant. 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. 10.06.2025 kak 3/4

ABDUL QUDDHOSE, J.

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