Madras High CourtArb Appln/26/2021ordered

M/S Fullerton India Credit Co., Ltd (Ficcl) v. Mr.Senthilkumar Ganesan

2021-09-01Honourable Mr Justice V. Parthiban6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN In the matter of Arbitration & Conciliation Act, 1996 and In the matter of disputes between M/s.Fullerton India Credit Company Ltd.

and Mr.Senthilkumar Ganesan arising under Loan Agreement No.453000110430842 Dated 25.02.2019.

M/s.Fullerton India Credit Co. Ltd. (FICCL), Megh Towers, 3rd Floor, Old No.307, New No.165, Poonamalle High Road, Maduravoyal, Chennai - 600 095 Represented by its Authorized Signatory, Mr.Karthick Chakkaravarthi.

... Applicant in both the Applications -VersusMr.Senthilkumar Ganesan, S/o.Ganesan, No.T-2, Royal Fairmount Apartment, 39, V.N.Nagar, Karur Bye-Pass Road, Thiruchirappalli, Tamilnadu - 620 002.

... Respondent in both the Applications

Application praying that this Hon'ble Court be pleased to pass an Order to sell the seized vehicle bearing Engine No.KHEZ403355 and Chassis No.MB1PREHD3KEHD0264 and Registration No.NL-01-B1475. This application coming on this day before this court for hearing in the presence of Mr.V.Balasubramani, Advocate for the Applicant herein, and the Respondent herein not appearing in person or by advocate and upon reading the Judge's Summons and the affidavit of Karthick Chakkaravarthi, filed herein, it is ordered:- That the Applicant herein be and is hereby permitted to sell the seized vehicle bearing Engine No.KHEZ403355 and Chassis No.MB1PREHD3KEHD0264 and Registration No.NL-01-B-1475. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 1ST DAY OF SEPTEMBER 2021.

Sd/- ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 27/09/2021

ORDER

DATED : 01.09.2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN FOR APPROVAL: 29/09/2021 APPROVED ON: 29/09/2021 Copy to:- Mr.Karthick Chakkaravarthi, Authorised Signatory and State Collection Manager, Chennai Receiver, M/s.Fullerton India Credit Co. Ltd.

(FICCL), Megh Towers, 3rd Floor, Old No.307, New No.165, Poonamalle High Road, Maduravoyal, Chennai - 600 095.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

and Mr.Senthilkumar Ganesan arising under Loan Agreement No.453000110430842 Dated 25.02.2019.

... Applicant in both the Applications -VersusMr.Senthilkumar Ganesan, S/o.Ganesan, No.T-2, Royal Fairmount Apartment, 39, V.N.Nagar, Karur Bye-Pass Road, Thiruchirappalli, Tamilnadu - 620 002.

... Respondent in both the Applications

2. The application in A.No.297 of 2021 has been filed to appoint a receiver to take possession of the above mentioned vehicle. This Court vide order dated 04.02.2021, appointed Mr.Karthick Charkkaravarthi, Authorised Signatory and State Collection Manager of the applicant company as receiver to take possession of the said vehicle. The receiver appointed by this Court seized the vehicle on 19.03.2021, with the help of the police assistance and handed over the same to the applicant company.

3. According to the applicant, as per the order of this Court dated 04.02.2021, the applicant invoked arbitration proceedings and the same

was pending for filing objections of the respondent and it was also stated in the order dated 04.02.2021 that the applicant has to obtain appropriate order before this Court prior to the sale of the said vehicle till the disposal of the arbitration proceedings. Hence, the applicant is before this Court with the above prayer.

4. Despite notice being served on the respondent and his name being printed in cause list, there is no representation on behalf of the respondent.

5. This Court being satisfied with the averments stated in the affidavit filed in support of this application, the same is ordered as prayed for.

Sd./-V.P.N.J.

01/09/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.