M/S.Equitas Samall Finance Bank Limited v. M/S.Yummiez Foods And Beverages Private Limtied And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 23RD DAY OF MARCH 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.2588 of 2019 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of disputes between M/s.

Equitas Small Finance Bank Limited and M/s. Yummiez Foods and Beverages Private Limited and others arising under Loan Agreement Dated 30.01.2018 bearing Loan Agreement No. SLBRVLI0171935.

M/s.Equitas Small Finance Bank Limited 4th Floor, Phase-II, Spencer Plaza 769, Anna Salai, Chennai, Tamil Nadu 600 002.

Represented by its Authorised Signatory Mr.R.S.Bharath (Emp.No.31681) : Applicant -Versus1. M/s. Yummiez Foods and Beverages Private Limited Represented by its Director Mr.Sunilkumar Amritlal Bind Office No. 809 8th Floor, Sunshine Tower Senapati Bapat Marg Elphinstone Road Parel C G S Colony, Mumbai, Maharashtra.

:Borrower/Respondent 1

2. Mr.Sunilkumar Amritlal Bind Director, M/s. Yummiez Foods and Beverages Private Limited 2/3 Hire Seth Compound Waras Lane Worli Koliwada, Near Indian Coast Gaurdworli Worli Colony, Mumbai, Maharashtra India 400030.

:Co Borrower/Respondent 2

3. Mr.Safiulla Hasimulla Khan A/703 A Wing Galaxy Apartment CTS 13/1 to 4 ETC Sion Tromay Road Bhandari Estate, Near Bunter Bhavan Kurla East, Kurla, Mumbai, Maharashtra India 400 070.

: Co Borrower 2 / Respondent 3 Application praying that this Hon'ble Court be pleased to pass an order of appointment of Mr.Kiran Saidane - Branch Manager, Sakinaka Branch, of the applicant company a receiver to seize the vehicle more particularly described in the schedule to the judges summons wherever stationed in the premises of the respondents or wherever it is found and with whomsoever it is found with powers to break open the premises and grant permission to the receiver to obtain police aid from the concerned police Officer.

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

The learned counsel appearing for the applicant seeks to withdraw this application and also made an endorsement to that effect.

2. In view of the submission of the learned counsel appearing for the applicant and the endorsement made, this application is dismissed as withdrawn.

Sd/.N.S.K.J.

23.03.2020 //Certified to be a true copy// Dated this the th day of 2020. su.07.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.