M/S.Daimler Financial Services India Pvt Ltd v. Chetan K Y

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Application No.3402 of 2019 M/s.Daimler Financial Services India Private Limited, Rep.by its Authorised Signatory having its office inter alia at Unit 202, 2nd Floor, Campus 3B, RMZ Millennia Business Park, 143, Dr.M.G.R.Road, Perungudi, Chennai-600 096.

... Applicant Vs.

1. Chethan K.Y.

No.331, Baichanahalli, Kushalnagar, Karnataka 571 234.

2. A.P.Sarojamma No.331, Baichanahalli, Kushalnagar, Karnataka 571 234.

... Respondents PRAYER: Application filed under Order XIV Rule 8 of O.S.Rules R/W Section 9(ii)(a)(b)&(e) of the Arbitration and Conciliation Act, 1996 to appoint Mr.Manjunath as advocate commissioner to seize and take possession of the Truck which is more fully described in the Judges 1/4

summons schedule lying in the custody of Respondent or his men, agents, servants from his premises or wherever found with police assistance and by breaking open the premises if necessary.

For Applicant : Mr.S.Namasivayam

O R D E R

This Court had appointed one S.Premalatha, Advocate Commissioner to seize and possess the vehicle, which is morefully described in the schedule to the Judges Summons. 2.

Today, when the matter was called, the learned counsel appearing for the applicant submitted that the vehicle could not be secured and sought for extension of time for execution of order by the advocate commissioner and submitted that further time of four weeks may be granted to repossess the vehicle. Accordingly, time is extended finally for a period of four weeks from the date of receipt of a copy of this order, failing which the Order granting power to repossess the vehicle shall automatically stand cancelled.

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3.

With the above direction, the application is closed. 07.07.2020 rri Index : Yes/ No Internet : Yes Speaking/Non-speaking Order 3/4

N.SATHISH KUMAR, J.

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