M/S.Cholamandalam Investement v. Mr.Vikas Das Manikpuri

A.No.5642 of 2018 A.No.5642 of 2018 PUSHPA SATHYANARAYANA., Earlier, on 07.12.2018, this Court appointed one Mr.C.Vidhusan, Advocate as an Advocate Commissioner to seize and possess the vehicle in question and granted six weeks time for execution of warrant from the date of receipt of a copy of that order. Subsequently, on 26.07.2019, time was extended till 16.08.2019 finally for execution of the warrant by the learned Advocate Commissioner.

2. Today, a memo dated 28.08.2019 has been filed by the learned Advocate Commissioner expressing his difficulties in executing the warrant. Hence, the learned counsel for the applicant requested this Court to appoint a Receiver of the applicant-Company.

3. Considering the submissions made by the learned counsel for the applicant, Mr.Tikendra Sharma, Branch Receivable Manager of the applicant Company is appointed as Receiver to seize and take possession of the vehicle. The receiver will be entitled to take 1/2 http://www.judis.nic.in

A.No.5642 of 2018 PUSHPA SATHYANARAYANA.J srn possession of the vehicle from the respondent or his 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. The Receiver shall preserve the vehicle without alienating or encumbering thereof till the arbitration proceedings are concluded. The Receiver shall seize the vehicle within a period of six weeks from the date of receipt of a copy of this order. However, in case the respondent makes payment of the outstanding installments, the Receiver shall release the vehicle to the respondent.

4. In view of the above, this application is closed. 29.08.2019 srn Note: Issue order copy on 03.09.2019 A.No.5642 of 2018 2/2 http://www.judis.nic.in