M/S.Cholamandalam Invesment v. Mr.Rajeesh T.P

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 08TH DAY OF NOVEMBER 2017 THE HON'BLE DR. JUSTICE ANITA SUMANTH A. No.4872 of 2017 In the matter of Arbitration & Conciliation Act, 1996.

And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Rajeesh T.P. Arising under Loan Agreement No.

XVFPCAL00000891835 Dated 25.01.2013.

M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai- 600 001 Represented by its Authorised Signatory : Applicant Vs.

Mr.Rajeesh T.P.

S/o.Krishnan T.P Thattante Puthanpurayil, Tuneri Po, Vadakara, Nadapuram, Kozhikode, Kerala -673505 : Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant Viz.Mr.Sudheer P.T.,Sr.Legal Executive 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 his men, agents, servants from his 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: By order, dated 31.08.2017, this court appointed Mr.Sudheer P.T., Sr.Legal Executive as Receiver, to seize and possess the vehicle in question.

2.Pursuant to order of this Court to seize the vehicle, it is today represented by the learned counsel appearing for the applicant that the asset has been seized and handed over to the applicant company by the Receiver. He would also confirm that proceedings for arbitration in connection with the transaction relating to the aforesaid asset have been concluded and an award has been passed favouring the applicant on 25.01.2017, which has, till date, not been challenged by the respondent and the same has attained finality as per the statement of learned counsel for the applicant. The statement is recorded.

3.Notice to the respondent has been returned with an endorsement 'addressee left'. Despite name of the respondent being printed in the cause list, none appears on his behalf.

4.In view of the above, nothing further survives in this application and the same stands closed. The parties are free to take such action, as they may desire hereinafter, in accordance with law.

Sd/.DR.A.S.M.J.

08.11.2017 //Certified to be a true copy// Dated this the day of 2017. DL/29.11.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.