M/S Cholamandalam Investment And Finance Co Ltd Represented By Its Authorized Signatory Mr D Arjun v. Print Ads Printers

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025

CORAM

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE M/s.Cholamandalam Investment and Finance Company Limited Registered Office at 'Chola Crest'

C54 & 55, Super B-4, Thiru Vi Ka Industrial Estate Guindy, Chennai-600032 Represented by its Authorised Signatory Mr.D.Arjun ... Applicant Vs.

1.M/s.Print Ads Printers No.11-6-865, Mehboob Residency Cellar Lakadi Ka Pool, Red Hills Hyderabad - 500004.

2. Mohammed Feroz

3. Ruqaiya Sultana

...Respondents

PRAYER: Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(ii)(d) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointing an advocate commissioner to seize and deliver the assets as detailed in schedule hereunder is available at respondent's premises or wherever

found and permit the advocate commissioner to obtain police aid and to break open the premises and hand over the same to the applicant. S.

No.

Asset Manufactu rer No. of Units Invoice Value INR Total Margin INR Total Finance Amount INR 1.

One used Komori Lithrone Four Colour Offset Printing Machine Equipped with Komarimatic dampering, PQC, Cooking, Auto Place, Hard Chrome Cylinder Model : 426, Year - 1997 KOMORI 82,60,000/- 32,60,000/- 50,00,000/- Life Insurance 32,274/- Machine Insurance 23,451/- Total 82,60,000/- 32,60,000/- 50,55,725/- For Applicant : Ms.K.Indumathi

O R D E R

Till date the Advocate Commissioner has not repossessed the vehicle /equipment. No useful purpose will be served, if this application is allowed to be kept pending.

2. Therefore, the learned counsel for the applicant seeks liberty for the applicant to file a fresh application seeking for the very same relief whenever the vehicle /equipment is located.

3.Accordingly, this application is closed. However, liberty is granted to the applicant to file fresh applications seeking for appointment of an Advocate Commissioner once the vehicle /equipment is located. While considering the fresh application, this Court shall consider retaining the very same Advocate Commissioner, who was appointed in this application, since the applicant has already paid the initial remuneration to the Advocate Commissioner in this application. 07.07.2025 Index: Yes/ No Speaking order / Non speaking order Maya

ABDUL QUDDHOSE, J.

Maya Dated : 07.07.2025