Cholamandalam Investment And Finance Co Ltd v. M/S Shri Amman Engineering Works Rep By Its Proprietor Mr S Muthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb.Appln.No.516 of 2025 M/s.Cholamandalam Investment and Finance Company Limited .. Applicant vs M/s.Shri Amman Engineering Works .. Respondent

ORDER

Learned counsel for the applicant seeks permission of this Court to withdraw this application on the ground that the police are not co-operating to execute the warrant of commission issued to the Advocate Commissioner since the SARFAESI proceedings initiated by the applicant against the respondent was set aside by DRT-I-Chennai.

2.Learned counsel for the applicant would submit that liberty may be granted to the applicant to file a fresh application stating the subsequent developments seeking for the very same relief. He has also made an endorsement to that effect in the court bundle.

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ABDUL QUDDHOSE,J.

vga 3.Accordingly, this application is dismissed as withdrawn. Liberty as sought for by the applicant is granted.

4.Since the applicant has already paid the initial remuneration to the Advocate Commissioner and an attempt was also made by the Advocate Commissioner to re-possess the vehicle, this Court shall consider retaining the very same Advocate Commissioner while deciding the fresh application to be filed by the applicant seeking for appointment of Advocate Commissioner, which pertains to the subject loan contract.

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