M/S.Shriram Transport Finance Co.Ltd v. Mr.K.Ibrahim Sait And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 02.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.No.4861 of 2019 M/s.Shriram Transport Finance Co. Limited, represented by its Authorised Signatory and Executive Mr.S.Varadhan, S/o. Mr.P.M.Seethapathy, having its registered office at Mookambika Complex, III Floor, No.4, Lady Desika Road, Mylapore, Chennai-600 004.

... Applicant Vs.

1. Mr.K.Ibrahim Sait, No.1/356, 3 rd Street, Back Side, IBP Block, Kalathu Mettu Street, Kottivakkam, Chennai-600 041.

2. Mr.J.Akbar Ali, No.113, Canara Bank Road, Kasthuri Bai Nagar, Adyar, Chennai-600 020.

... Respondents Page 1/4

PRAYER : Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 9(ii) (b) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner with direction to seize the schedule mentioned vehicle which is lying under the custody of the respondents or their men, agents, servants or anyone claiming under them from the premises of 1 st respondent at No.1/356, 3 rd Street, Back side, IBP Block, Kalathu Mettu Street, Kottivakkam, Chennai-600 041 or at any other place where the scheduled asset is found, with the police aid and by breaking open locks if necessary and to take the same into his custody and sell the same at fair market price.

For Applicant :

Mr.K.Sakthivel, for M/s.K.Subhashini Suresh

O R D E R

This application has been filed praying to appoint an Advocate Commissioner with direction to seize the schedule mentioned vehicle which is lying under the custody of the respondents or their men, agents, servants or anyone claiming under them from the premises of 1 st respondent at No.1/356, rd Street, Back side, IBP Block, Kalathu Mettu Street, Kottivakkam, Page 2/4

Chennai-600 041 or at any other place where the scheduled asset is found, with the police aid and by breaking open locks if necessary and to take the same into his custody and sell the same at fair market price.

2. The learned counsel appearing for the applicant submitted that pending application, the vehicle has been already seized.

3. In such view of the matter, no further order is required in this application. Accordingly, this application is closed. 02.09.2020 rpp Page 3/4

N.SATHISH KUMAR, J.

rpp A.No.4861 of 2019 02.09.2020 Page 4/4