Madras High CourtA/6436/2018disposed of

M/S.Indusind Bank Ltd v. Sunshine Infraengineers India

2019-03-19Honourable Mr Justice R. Suresh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 21ST DAY OF NOVEMBER 2019 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA A. No.6436 of 2018 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of disputes between M/s.IndusInd Bank Limited and M/s.Sunshine Infraengineers India Private Ltd., arising under Loan Account Nos.TCC01901E, TCC01902E, TCC01903E, TCC01906E, TCC01909E, TCC01912E, TCC01913E, TCC01915E, TCC01917E, TCC01919E, TCC01920E, TCC01921E, TCC01922E, TCC01923E, TCC01924E, TCC01926E, TCC01930E dated 25.09.2017.

M/s.IndusInd Bank Ltd., rep. by its Manager-Executive Legal, P.Balavenkatagiri, having office at No.115 & 116, G.N.Chetty Road, T.Nagar, Chennai-600 017.

... Applicant -Versus1. Sunshine Infraengineers India Private Ltd., rep. by its Managing Director, Ms.G.LalithaKumari, No.61/40, First Floor, Thirusanneri Manor, Pantheon Road, Egmore, Chennai-600 008.

2. Venkata Subha Rao, S/o.Venkatanarayan, No.503, Rambha Apartment, 7/2, Chandramouli Nagar, Guntour, Andhra Pradesh-522 007 and also at No.61/40, First Floor, Thirusanneri Manor, Pantheon Road, Egmore, Chennai-600 008.

... Respondents Application praying that this Hon'ble Court be pleased https://hcservices.ecourts.gov.in/hcservices/ to pass an order of appointment of Advocate Commissioner to seize and deliver the vehicles/machineries which is

morefully described in the schedule to the Judges Summons to the custody of the applicant, available at the respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises.

This Application coming on this day before this court for hearing the court made the following order: This Court had appointed five Advocate Commissioners to seize the vehicles covered by the loan agreement. They were seized about 17 vehicles and out of the 17 vehicles, one of the matter got settled. Out of the balance, except four items relating to contract Nos.TCC01902E, TCC01920E, TCC01926E and TCC01930E, all other vehicles were seized. As the vehicles are not traceable, further extension of time will not help the applicant.

2.Accordingly, this application stands closed. Sd/.P.S.N.J.

21.11.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/02.12.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/