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Madras High CourtA/1887/2021closed

M/S. Cholamandalam Invesment And Finance v. Mr.Satish Shamravaji More

2021-07-15Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 15TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR In the matter of Arbitration & Conciliation Act, 1996 In the matter of disputes between M/s.Cholamandalam Investment and Finance Company Ltd and Mr.Satish Shamravaji More Arising under loan Agreement No.XVFPAVT00002467671 Dated 30.06.2018.

M/s.Cholamandalam Investment and Finance Company Limited, No. 45, Justice Basheer Ahmed Sayeed Building, II Floor, 2nd Line Beach, Moree Street, Parrys, Chennai-600 001.

Represented by its Authorised Signatory ... Applicant

Versus

Mr.Satish Shamravaji More, S/o. Shamravaji More, AT-Dental College Road, Gurukrupa, Amravati, Near Hanuman Temple, Maharashtra-444605.

... Respondent Application praying that this Hon'ble Court be pleased to appoint the employee of the Applicant viz, Mr.Sharad Mahendra Sharma, Area Business

Manager, 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 respondent's men, agents, servants, from respondent 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 in the presence of Mr.D. Pradeep Kumar, Advocate for the Applicant herein, upon reading the judges summons and affidavit of Mr.S.Sivasubramanian filed herein and the learned counsel appearing for the applicant having submitted that the notice got returned as "left", it is ordered as follows:- That the A.No.1887 of 2021 do stand closed.

2. That the Applicant herein shall be at liberty to file fresh application with correct address.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15TH DAY OF JULY 2021.

Sd/- ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 06/08/2021

ORDER

DATED : 15.07.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 06/08/2021 APPROVED ON: 06/08/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 15TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR In the matter of Arbitration & Conciliation Act, 1996 In the matter of disputes between M/s.Cholamandalam Investment and Finance Company Ltd and Mr.Satish Shamravaji More Arising under loan Agreement No.XVFPAVT00002467671 Dated 30.06.2018.

M/s.Cholamandalam Investment and Finance Company Limited, No. 45, Justice Basheer Ahmed Sayeed Building, II Floor, 2nd Line Beach, Moree Street, Parrys, Chennai-600 001.

Represented by its Authorised Signatory ... Applicant

Versus

Mr.Satish Shamravaji More, S/o. Shamravaji More, AT-Dental College Road, Gurukrupa, Amravati, Near Hanuman Temple, Maharashtra-444605.

... Respondent Application praying that this Hon'ble Court be pleased to appoint the employee of the Applicant viz, Mr.Sharad Mahendra Sharma, Area Business

Manager, 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 respondent's men, agents, servants, from respondent 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:- This application has been filed to appoint employee of the applicant viz., Mr.Sharad Mahendra Sharma, Area Business Manager, as Receiver to seize and take possession of the vehicle which his more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondent's men, servants from respondent premises or wherever found with Police aid and break open of premises, if necessary.

2. Heard Mr.D.Pradeep Kumar, learned counsel for the applicant.

3. Learned counsel appearing for the applicant submitted that the notice got returned as "left".

4. In view of the above, this petition is closed. Liberty is granted to

file fresh application with correct address.

Sd./-N.S.K.J.

15/07/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.