Cholamandalam Investment And Finance Co Ltd v. M/S Radolabs Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE M/s.Cholamandalam Investment and Finance Company Limited 'Chola Crest', C54 & 55, Super B-4, Thiru Vi Ka Industrial Estate Guindy, Chennai-600032, Represented by its Authorised Signatory ... Applicant in both Arb. Applications Vs.

M/s.Radolabs Private Limited No.176/A, Defence Colony Nandambakkam, Chennai-600032.

... Respondent in both Arb. Applications COMMON PRAYER: Arbitration Applications filed under Order XIV Rule 8 Original Side Rules read with Section 9(1)(ii)(a)(b)(d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint Advocate Commissioners to seize and take possession of the Equipments which are more fully described in the schedules to the respective Judges Summons which are 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.

For Applicant : Mr.D.Pradeep Kumar C O M M O N O R D E R As early as on 17.03.2025, this Court appointed Advocate Commissioner in these applications to repossess the vehicle /equipment from the respondent or wherever available. On 21.04.2025, this Court had also granted extension of time for the Advocate Commissioner to execute the warrant of Commission. Despite granting extension of time, till date the vehicles /equipments have not been repossessed by the Advocate Commissioner. No useful purpose would be served, if these applications are allowed to be kept pending.

2. Therefore, these applications are closed. However, liberty is granted to the applicant to file fresh applications seeking for appointment of an Advocate Commissioner once the vehicles /equipments are located. While considering such fresh applications, this Court shall consider retaining the very same Advocate Commissioner, who was appointed in

these applications, since the applicant has already paid the initial remuneration to the Advocate Commissioner in these applications. 09.06.2025 Index: Yes/ No Speaking order / Non speaking order Maya

ABDUL QUDDHOSE, J.

Maya Dated : 09.06.2025