M/S.Hdb Financial Services Limited v. Bavani Crane Service

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 28TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.1821 of 2021 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Loan cum Hypothecation Agreement, and dispute between M/s.HDB Financial Services, and Bavani Crane Service Loan No.7746007 Dated 22.06.2019.

M/S.HDB FINANCIAL SERVICES LIMITED Registered Office at Radhika, 2nd Floor, Law Garden Road, Navrangpura, Ahmedabad-380 009 Corporate Office at :

Process House, 2nd Floor, Kamala Mills Compound, Lower Parel, Mumbai 400 013., Branch Office at:

4th Floor, Loyal Towers, No.68/2, Greams Road, Chennai 600 006., Represented by its Associate-Legal Mr.Shanmuga Sundaram.

..Applicant -Vs-

/ 2 / BAVANI CRANE SERVICE No.2/3, D.B.S.Complex, M B T Road, Narasingapuram, Ranipet, Vellore, Tiruvalam - 632 515, Tamil Nadu.

..Respondent Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to seize and deliver the vehicle Make - ACE 12 XW, Registered No.TN73AB7220, Chassis No.ACE012XWJJ0645682, Engine No.S433-B11098 available at the Respondent's Premises or wherever found and permit the receiver, to obtain police aid and to break open the premises.

This Application coming on this day before this court for hearing the court made the following order:

This Application has been filed to appoint an Advocate Commissioner to seize and deliver the vehicle make ACE12XW, Register No.TN73AB7220, Chassis No.ACE012XWJJ0645682, Engine No.8433B11098 available at the respondent's premises wherever found and permit the Receiver to obtain Police aid and break open the premises. Heard Mr.M.Arunachalam, learned counsel for the applicant.

2. Today, when the matter is taken up for hearing, through Video Conferencing, learned counsel appearing for the petitioner seeks permission of this Court to withdraw the Application.

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3. Accordingly, this Application is dismissed as withdrawn. Liberty is granted to file fresh application, in accordance with law. Sd/.N.S.K.J.

28.07.2021 //Certified to be a true copy// Dated this the day of 2021.

SU/02.08.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.