Cholamandalam Investment And Finance Co Ltd v. Deep Enterprises

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb.Appln. No.618 of 2025 M/s.Cholamandalam Investment and Finance Company Limited, 'Chola Crest', C 54 & 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032 Rep.by its Authorised Signatory ... Applicant vs M/s.Deep Enterprises Rep.by its Proprietor Mr.Vinodkumar D Vishwakarma Shed No1-29, Dev I Land, Zaveri Estate, Kathawada road, Kathwada Singarva, Ahmedabad, Gujarat - 382 430.

... Respondent

ORDER

As early as on 23.04.2025 itself, this Court appointed an Advocate Commissioner to re-possess the equipment. Sufficient opportunities have been granted for the Advocate Commissioner to execute the warrant of commission. The Advocate Commissioner has been unable to re-possess the equipment since the equipment could not be located. 1/2 https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE, J.

dpq

2. In view of the fact that sufficient opportunities have already been granted for the Advocate Commissioner to re-possess the equipment, no useful purpose will be served if this application is allowed to be kept pending.

3. Accordingly, this application is closed by granting liberty to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner as and when the equipment is located.

4. While considering the fresh application, this Court shall consider retaining the very same Advocate Commissioner, who has been appointed in this application since the applicant has already paid the initial remuneration to the Advocate Commissioner.

16.07.2025 dpq Arb.Appln. No.618 of 2025 2/2 https://www.mhc.tn.gov.in/judis