Madras High CourtA/2819/2018closed

M/S.Cholamandalam Investment v. Mr.Velmurugan V

2018-06-14Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY THE 14TH DAY OF JUNE 2018 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA A. No.2819 OF 2018 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of disputes between M/s. Cholamandalam Investment and Finance Company Ltd., and Mr.Velmurugan V Arising under Loan Agreement No.

XVFPPRM00000490472 dated 30.06.2017.

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

Mr.Velmurugan V S/o.Veerasamy, New No.4/49, Variyankaval, Variyankaval PO, Near Temple Udayarpalayam Taluk, Ariyalur, Tamilnadu - 621 806.

: Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz.

Mr.Muthusamy R, Dy. Legal 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 his men, agents, servants from his premises or wherever found with Police aid and break open of premises if necessary.

https://hcservices.ecourts.gov.in/hcservices/

This Application coming on this day before this court for hearing the court made the following order: By order, dated 03.04.2018, this Court appointed Mr.R.Muthusamy Deputy Legal Manager, as a Receiver to seize and possess the vehicle in question.

2. Pursuant to the warrant of commission issued by this Court to seize the vehicle, it is today represented by the learned counsel appearing for the applicant that the vehicle 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 15.12.2014 in Arbitration Case No.5241 of 2014 and the same has attained finality.

3. Private notice sent to the respondent has been returned with an endorsement "Not in Village" and his name has been printed in the cause list, none appears on his behalf. Hence, service to the respondent is held sufficient.

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 hereafter, in accordance with law.

Sd/-P.S.N.J 14.06.2018 //Certified to be a true copy// Dated this the day of 2018. KY/30.08.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of https://hcservices.ecourts.gov.in/hcservices/ the Order/Judgment Decree in this format.