M/S.Shriram Transport Finance Co.Ltd v. M/S.Sri Vari Trans And Another

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.3651 of 2019 M/s.Shriram Transport Finance Co. Limited, Represented by its Authorised Signatory and Senior Executive, S.Varadhan, S/o.Seethapathy, Having its Registered Office at Moogambika Complex, III Floor, No.4, Lady Desika Road, Mylapore, Chennai - 600 004.

...

Applicant versus 1.M/s.Sri Vari Trans, Represented by its Proprietor, S.V.Ramana, LIG II, No.2637, MMDA, Mathur, Chennai - 600 068, Tiruvallur.

2.D.Ashok Kumar, S/o.Devaraj, No.140, Sakthi Vinayagar Koil Street, Sakthivel Nagar, Jawahar Nagar, Perambur, Chennai- 600 082.

...

Respondents Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(b)&(e) of the Arbitration and Conciliation Act, 1996, to appoint an Advocate Commissioner with direction to seize the schedule mentioned equipment, which is lying under the custody of the respondents or their men, agents, servants or anyone claiming under them from the

/ 2 / premises of 2nd respondent at No.140, Sakthi Vinayagar Koil Street, Sakthivel Nagar, Jawahar Nagar, Perambur, Chennai - 600 082, or at any other place where the scheduled asset is found, with the police aid and by breaking open locks, if necessary and to take the same into his/her custody and sell the same at fair market price.

For Applicant : M/s.K.Subhashini Suresh

O R D E R

This application has been filed to appoint an Advocate Commissioner with direction to seize the schedule mentioned equipment, which is lying under the custody of the respondents or their men, agents, servants or anyone claiming under them from the premises of 2nd respondent at No.140, Sakthi Vinayagar Koil Street, Sakthivel Nagar, Jawahar Nagar, Perambur, Chennai - 600 082, or at any other place where the scheduled asset is found, with the police aid and by breaking open locks, if necessary and to take the same into his/her custody and sell the same at fair market price.

2. Today, when the application is taken up for consideration, the learned counsel appearing for the applicant through video conferencing seeks permission of this Court to withdraw the application.

/ 3 /

3. In view of the submission made by the learned counsel appearing for the applicant, this application is dismissed as withdrawn. Sd/.N.S.K.J.

15.09.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/23.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.