Madras High CourtA/3510/2017ordered

Cholamandalam Investment v. Mr.Inamul Hachan

2017-10-25Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 25TH DAY OF OCTOBER 2017 THE HON'BLE DR.JUSTICE ANITA SUMANTH A.No.3510 OF 2017 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Inamul Hachan Arising under Loan Agreement No.

XVFPGWI00001442562 Dated 30.06.2015.

M/s. Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C. Bose Road, Parrys, Chennai - 600 001.

Represented by its Authorised Signatory : Applicant Vs.

Mr.Inamul Hachan S/o.Lutfur Rahman, Vill Musalman, Gaon, PS Tarabari, PO Chenga, Barpeta, Near Mazid, Assam - 781305 : Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant Viz. Ms.Rupam Kalita, ARM 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 his men, agents, servants from his 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 the court made the following order:

By order, dated 06.07.2017, this Court appointed Ms.Rupam Kalita, ARM, Advocate, as Receiver to seize and possess the vehicle in question.

2.Pursuant to the warrant of commission issued by this Court to seize the vehicle, it is today represented by the learned counsel appearing for the applicant that the vehicle has been re-possessed by the applicant. He would also confirm that proceedings for arbitration in connection with the transaction relating to the aforesaid asset have been concluded and an award has been passed favouring the applicant on 03.11.2016, which has, till date, not been challenged by the respondent. The statement is recorded. 3.Though the respondents have been served and their names appear in the cause list, none appears on their behalf.

4.In view of the above, nothing further survives in this application and the same stands closed. The parties are free to take such action, as they may desire hereafter, in accordance with law.

Sd/.DR.A.S.M.J.

25.10.2017 //Certified to be a true copy// Dated this the day of 2017. DL/17.11.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.