M/S.Daimler Financial Services India Pvt Ltd v. S.Fani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.3593 of 2019 Daimler Financial Services India pvt Ltd.

Unit 202, 2nd floor, Campus 3B, RMZ Millennia Business Park, 143, Dr. MGR road, Perungudi, Chennai 600 096, India.

rep. by its Chief Manager Mr.Shaik Shavali.

... Applicant Vs.

1. S. Fani

2. Yankanna Gouda ... Respondents Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9 (ii) (e)of the Arbitration and Conciliation Act, 1996, to appoint Mr.Govind Jaratarghar, authorised agent of the applicant as a receiver to seize and take possession of the subject scheudle vehicle more fully described in the schedule of the judge's summons from the premises of the respondent or wherever found with police aid and break open of the premises if necessary.

For Applicant : Mr.H.Mohamed Ismail Eirene Bernadetta For Respondents : No appearance

O R D E R

This application has been filed for interim measure for appointing a receiver to seize the vehicle.

2. It is the case of the applicant that as per the loan agreement dated 22.11.2016, the respondents have availed a sum of Rs.27,67,000/-. As the respondents committed default, it is the contention of the applicant that unless a receiver is appointed to take charge of the vehicle, there will be irreparable injury and the vehicle will be sold by the other side. Hence, it is prayed for appointment of a receiver.

3. In such view of the matter, if the vehicle is allowed to be sold by the respondents, the very right of the applicant will be defeated.

4. Taking into consideration that the applicant has made out a prima facie case and balance of convenience is in favour of the applicant, Mr.Govind Jaratarghar, authorised agent of the applicant

company is appointed as a receiver to seize the vehicle covered under the contract. This Order shall operate only for a period of three weeks from the date of receipt of a copy of this Order.

5. The receiver will be entitled to take possession of the vehicle from the respondents or their agents or any one in possession thereof. If necessary, the Receiver shall get police assistance and the Station House Officer of the concerned Police Station, within whose jurisdiction the vehicle is found, will render requisite assistance for this purpose.

6. This Order of appointment shall be served on the respondenta by the applicant before the receiver takes any action on the basis of this Order.

7. Accordingly, this application is closed.

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N.SATHISH KUMAR, J.

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