Daimler Financial Services v. Prabhugouda S Patil (Borrower)

A.No.4566 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.No.4566 of 2018 Daimler Financial Services India Pvt., Ltd., Unit 202, 2nd Floor, Campus 3B, RMZ Millennia Business Park, 143, Dr. MGR Road, Perungudi, Chennai - 600 096, Rep. by its Legal Executive, K.Ramakrishna ... Applicant Vs.

1.Prabhugouda S Patil (Borrower) 2.Santosh S (Guarantor) ... Respondents Prayer: Application filed under Order XIV, Rule 8 of O.S.Rules r/w Section 9(ii) (e) of the Arbitration and Conciliation Act, 1996 to appoint Mr. Govind Jaratarghar S/O.Narayan, Authorised Agent of the Applicant as a Receiver to seize and take possession of the subject schedule vehicle more fully described in the Schedule hereunder from the premises of the respondents or wherever found with Police aid and break open of premises if necessary.

For Applicant : Mr. H. Mohamed Ismail http://www.judis.nic.in 1/2

A.No.4566 of 2018 N.SATHISH KUMAR, J.

O R D E R

By order dated 06.09.2018, this Court had appointed one Mr.Govind Jaratarghar S/o Narayan, authorised agent of the Applicant Company is appointed as as Receiver to seize and possess the vehicle, which is more fully 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 Receiver and submitted that further time of three weeks may be granted to repossess the vehicle. Accordingly, time is extended finally for a period of three 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.

3.

With the above direction, the application is closed. 29.07.2020 AT A.No.4566 of 2018 http://www.judis.nic.in 2/2