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Madras High CourtA/6082/2018closed

Daimler Financial Services v. Koshal Carrier.,

2020-07-30Honourable Mr Justice N. Sathish Kumar2 pages

A.No.6082 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.6082 of 2018 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 Legal Executive K.Ramakrishna ...

Applicant versus 1.Koshal Carrier (Borrower), Gumadera, Belpahar, Near Jagannath Temple, Jharsuguda, Belpahar - 768 218.

Orissa.

2.Satnam Singh (Co-Borrower), Gumadera, Belpahar, Near Jagannath Temple, Jharsuguda, Belpahar - 768 218.

Orissa.

...

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.Pravash Chandra Swain, S/o.Pitamber Swain, Authorised Agent of the applicant, as a Receiver to seize and take possession of the subject schedule vehicle more fully described in the schedule hereunder from the premises of the respondents or wherever found with police aid and break open of premises, if necessary.

For Applicant : Mr.H.Mohamed Ismail http://www.judis.nic.in 1/2

A.No.6082 of 2018 N.SATHISH KUMAR, J.

sri

O R D E R

By an order dated 09.08.2018, this Court had appointed one Mr.Pravash Chandra Swain, Authorised Agent of the applicant company, as Receiver to seize and possess the vehicles, which is more fully described in the schedule to the Judges Summons.

2. Today, when the matter was called, the learned counsel appearing for the applicant submitted through video conferencing that the vehicles could not be secured and sought for extension of time for execution of order by the Receiver and submitted that further time of three weeks may be granted to repossess the vehicles. Accordingly, time is extended finally for a period of three weeks from the date of receipt of a copy of this order, failing which, the order granting power to repossess the vehicles shall automatically stand cancelled.

3. With the above direction, the application is closed. 30.07.2020 sri Application No.6082 of 2018 http://www.judis.nic.in 2/2