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Madras High CourtA/2203/2020closed

M/S.Equitas Smal Finance Bank Limited v. Mr.Sadaruddin Jalaluddin Khan And 3 Others

2021-06-22Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, 22ND DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.2203 of 2020 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Disputes between M/S.EQUITAS SMALL FINANCE BANK LIMITED and MR.SADARUDDIN JALALUDDIN KHAN and another arising under Loan Agreement Dated 23.02.2018 bearing Loan Agreement No.SLAYDNR0174008 M/S.EQUITAS SMALL FINANCE BANK LIMITED, 4th Floor, Phase II, Spencer Plaza, 769, Anna Salai, Chennai, Tamil Nadu-600 002 Represented by its Authorised Signatory Mr.R.S.Bharath (Emp.No.31681) ..Applicant -VsMR.SADARUDDIN JALALUDDIN KHAN, S/o.Jalaluddin Khan, Kamtee Colliery Road, Inder Colliery No.6, Kanhan Parseoni, Kamthi Colliery, Nagpur, Maharashtra, India-441 404.

..Borrower/Respondent-1

2. MR.ARFEEN SADRUDDIN KHAN Kamtee Colliery Road,

Inder Colliery No.6, Kanhan Nagpur, Kamthi Colliery, Nagpur, Maharashtra, India-441 404.

..Co.Borrower/Respondent-2

3. MR.JALALUDDIN ALTAF KHAN Kamtee Colliery, Inder Colliery Kanhan, Kamthi Colliery, Nagpur, Maharashtra, India-441 404.

..Co.Borrower/Respondent-3

4. MR.MEGHRAJ KHEMCHAND LUNDHERE Kanhan Jabalpur Road, Shivaji Nagar, Kamthi Colliery, Nagpur, Maharashtra, India-441404 ..Guarantor/Respondent-4 : Respondents Application praying that this Hon'ble Court be pleased to pass an order of appointment of Mr.Anand Shende Legal Officer of the applicant company as receiver to seize the vehicle more particularly described in the schedule to the Judges Summon wherever stationed in the premises of the respondents or wherever it is found and with whomsoever it is found with powers to break open the premises and grant permission to the receiver to obtain police aid from the concerned police officer. This Application coming on this day before this court for hearing the court made the following order:

This application has been filed for an interim Order for appointment of a receiver to seize the vehicle mentioned in the Judges summons.

2. It is submitted by the learned counsel appearing for the applicant

that award has already been passed in this matter.

3. In such view of the matter, this Court is not inclined to pass any order in this application and the applicant has to work out the remedy to execute the award. Accordingly, this application is closed. Sd/.N.S.K.J.

22.06.2021 //Certified to be a true copy// Dated this the th day of 2021. su.23.07.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.