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Madras High CourtArb Appln/491/2025closed

Cholamandalam Investment And Finance Co Ltd v. M/S Shakmbhri Polymers Prop Mr Gauri Shankar Sharma

2025-08-19Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-08-2025

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai ..Petitioner(s) Vs

1. M/s Shakmbhri Polymers Prop Mr Gauri Shankar Sharma Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, ChennaiProp Mr.Gauri Shankar Sharma, J-201, Sector 5, DSIDC Industrial Area, Bawana, North Delhi 110039.

2. Gauri Shankar Sharma RZE 166, Gali No. 16 D, Vishwanath Mandir, Sadh Nagar, Palam Village, South West Delhi, Delhi

3. Renu Sharma RZE 166, Gali No. 16 D, Vishwanath Mandir, Sadh Nagar, Palam Village, South West Delhi, Delhi ..Respondent(s)

To appoint advocate commissioner to seize and take possession of the equipment which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondents or respondents, men, agents servants from respondents premises or wherever found with Police aid and break open of premises if necessary.

For Petitioner(s):

Mr.D.Pradeep Kumar For Respondent(s):

Mr Sujeet

ORDER

It is represented by the learned counsel for the applicant on instructions that the respondents have regularised the loan contract with the applicant and therefore, the applicant will be returning the equipment back to the respondents. The said undertaking given by the learned counsel for the applicant is recorded by this Court.

After recording the fact that the respondents have regularised the loan contract, this application is closed. The applicant is directed to pay an additional remuneration of Rs.30,000/- to the Advocate Commissioner within a period of two weeks from the date of receipt of a copy of this order. In case, the respondents commit default in the repayment of the loan to the applicant as per the regularised loan contract, the applicant is granted liberty to file a fresh application seeking for the very same relief.

19-08-2025 Index: Yes/No Speaking/Non-speaking order RKM

ABDUL QUDDHOSE J.

RKM 19-08-2025