M/S.Kotak Mahhindra Bank Ltd v. Radha Vishnumolakala And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.3524 of 2019 M/s.Kotak Mahindra Bank Limited, Rep. by its Associate - Legal / Authorised Signatory, Mr.Jayapal Madhavan, 8th Floor, TVH Agnitio Park, Zone 2, Old Mahabalipuram Road, Kandanchavadi, Chennai - 600 096.

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Applicant versus 1.Radha Vishnumolakala H.No.S2, Inbathina Enclave, Gayathimandir Opp Lane, Mangamuru Donka, Ongole, Prakaksam-523 002, Andhra Pradesh 2.Srinivasa Rao Vishnumolakala H.No.S2, Inbathina Enclave, Gayathimandir Opp Lane, Mangamuru Donka, Ongole, Prakaksam-523 002, Andhra Pradesh 3.Venkateswara Rao Lingamaneni H.No.6-116, Near Police Station, Veeravalli, Bapulapadu MDL Krishna-521 110, Andhra Pradesh ..Respondents

Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(2)(e) of the Arbitration and Conciliation Act, 1996, to appoint Mr.Praveen Modukuri, Asst. Manager, Kotak Mahindra Bank Ltd., as Receiver to seize the Construction Equipment - Compactor - Case New - Holland Construction Equipment(I) Pvt Ltd - CB_Case 1107 Soil Viratory Compactor bearing Registration No.AP27BS4062 and Serial No.NKJ1107ECGKT00139 and Engine No.804545747191214N and Chassis No. NKJ1107ECGKT00139, lying at the address of the respondents 1 and 2 or wherever and to handover to the applicant in as is where is condition.

For Applicant : M/s.Abirami for Mr.K.K.Murralitharan For Respondents : No Appearance

O R D E R

This application has been filed to appoint Mr.Praveen Modukuri, Asst. Manager, Kotak Mahindra Bank Ltd., as Receiver to seize the Construction Equipment - Compactor - Case New - Holland Construction Equipment(I) Pvt Ltd - CB_Case 1107 Soil Viratory Compactor bearing Registration No.AP27BS4062 and Serial No.NKJ1107ECGKT00139 and Engine No.804545747191214N and Chassis No. NKJ1107ECGKT00139, lying at the address of the respondents 1 and 2 or wherever and to handover to the applicant in as is where is condition.

2. Today, when the Application is taken up for consideration, the learned counsel appearing for the applicant through video conferencing seeks permission of this Court to withdraw the Application.

3. In view of the submission made by the learned counsel appearing for the applicant, this Application is dismissed as withdrawn. Sd/.N.S.K.J.

07.09.2020 //Certified to be a true copy// Dated this the th day of 2020. su.02.11.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.