Kotak Mahindra Bank Ltd Rep By Its Authorised Signatory v. Janakaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-07-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb. Appln. No. 563 of 2025 Kotak Mahindra Bank Ltd., Rep. by its Authorised Signatory Regd. Office at Mumbai Branch office at TVH Agnitto Park, 8 th Floor, Zone-2 141, Old Mahabalipuram Road Kandanchavadi, Chennai-600 096 Appellant(s) Vs 1.Janakaraj 2.Nagarajan Both residing at 437 A, Thirumalai Nagar, Annex-2, Morai Anna Nagar, Avadi, Chennai 600 055.

Respondent(s) PRAYER To pass an Order of appointment of an Advocate Commissioner to seize and deliver the Goods Carrier Eicher Pro 2114XP H CBC BSVI Engine 1/4

No.E426CDRF481304, Chassis No.MC2ESHRCORFB13207 and Registration No.TN12BF0662 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain Police aid and to break open the premises. For Appellant(s):

Ms R. Kiruba Kanmani For Mr.Ra.Gopinath For Respondent(s):

- Advocate Commissioner:

Mr.S.P.Veera Akash

ORDER

The learned counsel for the applicant is not pressing this application, since the vehicle could not be located, however, she seeks liberty to the applicant to file a fresh application seeking for the very same relief as and when the vehicle is located. The applicant has already paid the initial remuneration to the learned Advocate Commissioner.

2.In view of the same, this application is dismissed as not pressed. However, liberty as prayed for is granted. While considering the fresh application filed by the Applicant seeking for the very same relief as and when the vehicle is located, this Court shall consider retaining the very same 2/4

Advocate Commissioner who has been appointed in this Application, since the Applicant has already paid the initial remuneration to the said Advocate Commissioner. No costs.

15-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes sai To 1.Janakaraj TVH Agnitto Park, 8th Floor, Zone-2 141, Old Mahabalipuram Road Kandanchavadi, Chennai-600 096Both residing at 437 A, Thirumalai Nagar, Annex 2, Morai Anna Nagar, Avadi, Chennai 600 055.

2.Nagarajan 437 A, Thirumalai Nagar Annex-2, Morai Anna Nagar, Avadi Chennai 3/4

ABDUL QUDDHOSE J.

sai Dated: 15-07-2025 4/4