Cholamandalam Investment v. Mr Jayprakash Manjhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 31ST DAY OF JULY 2018 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA A. No.6953 of 2017 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd. and Mr.Jayprakash Manjhi arising under Loan Agreement No.XTRACHH00001600828 dated 18.02.2016.

M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001 Represented by its Authorised Signatory ... Applicant -VersusMr.Jayprakash Manjhi, S/o.Chandrama Manjhi, 102, Vill-Narayanpur, PO-Hasua, Mairwa, Dist-Siwan, Bihar-841239.

... Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz. Mr.Kumar Neeraj, Sr.Officer Legal, as Receiver to seize and take possession of the vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or his men, agents, servants from his premises or wherever found with police aid and break open of premises if necessary.

https://hcservices.ecourts.gov.in/hcservices/ This Application coming on this day before this court for hearing the court made the following order:

By amended order dated 20.03.2018, this Court appointed Mr.Raghvender Sinha, Branch Receivables Manager of the applicant Company, as Receiver to seize and possess the vehicle in question.

2.

Pursuant to the warrant of commission issued by this Court to seize the vehicle, it is today represented by the learned counsel appearing for the applicant that the vehicle has been re-possessed on 14.07.2018 and handed over to the applicant company by the Receiver. He would also confirm that proceedings for arbitration in connection with the transaction relating to the aforesaid asset have been concluded and an award has been passed favouring the applicant on 13.03.2018 in Arbitration Case. 3.

Though the respondent is served with notice and his name is also printed in the cause list, there is no representation for him either in person or through counsel.

4. In view of the above, nothing further survives in this application and the same stands closed. The parties are free to take such action, as they may desire hereafter, in accordance with law.

Sd/-P.S.N.J 31.07.2018 //Certified to be a true copy// Dated this the day of 2018. KY/30.08.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/