Daimler Financial Services v. Madhukrishnan Kayiath P

A.No.6329 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.6329 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 Madhukrishnan Kayiath, P. (Borrower), Kayaith, Diana Dales, 33 3440a, C.P. Road, Chevarambalam, Kozhikode - 673 017.

Kerala.

...

Respondent 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.Sanjay M, S/o.Meladath Jnanasekharan, 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 respondent or wherever found with police aid and break open of premises, if necessary. For Applicant : Mr.H.Mohamed Ismail For Respondent : No Appearance http://www.judis.nic.in 1/2

A.No.6329 of 2018 N.SATHISH KUMAR, J.

sri

O R D E R

By an order dated 27.08.2018, this Court had appointed one Mrs.M.Nirmala Murugan, Advocate, as an Advocate Commissioner 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 Advocate Commissioner 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.6329 of 2018 http://www.judis.nic.in 2/2