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Madras High CourtA/6083/2018closed

Daimler Financial Services v. Mr. Yogita Shriwas,

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

A.No.6083 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.6083 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.Yogita Shriwas (Borrower), H.No.1, Palvari, Chal No.1, Village Koni, Bilaspur, Chhattisgarh - 495 001.

2.Anand Chandra Shrivas (Co-Borrower), H.No.1, Palvari, Chal No.1, Village Koni, Bilaspur, Chhattisgarh - 495 001.

...

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.Mohammad Imran Kamdar, S/o.Faruk Kamdar, 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.6083 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.Mohammad Imran Kamdar, Authorised Agent of the applicant company, as Receiver to seize and possess the vehicle, 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 vehicle 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 vehicle. 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 vehicle shall automatically stand cancelled.

3. With the above direction, the application is closed. 30.07.2020 sri Application No.6083 of 2018 http://www.judis.nic.in 2/2