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Madras High CourtArb Appln/143/2021closed

M/S.Tvs Credit Services Limited v. Mrs.Kalawati Ramautar

2021-09-28Honourable Mr Justice V. Parthiban5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 28TH DAY OF SEPTEMBER 2021 THE HON'BLE MR.JUSTICE V.PARTHIBAN In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Disputes between M/s.TVS Credit Services Limited and Mr.Kalawati Ramautar Arising under Loan Cum Hypothecation Agreement Dated 14.11.2019 bearing Agreement No.UP3038TR0001880.

M/s TVS Credit Services Limited, Jayalakshmi Estates, New No.29, Old No.8, Haddows Road, Chennai - 600 006.

Represented by its Authorised Signatory.

... Applicant -VersusMr.Kalawati Ramautar, W/o. Ramautar, Vill & Post Parsauna, Ghorawal, Sonbhadra, Mirzapur, Amilaudha B.o., Nr. Rajkiya Uchittar Madvidhaliya, Uttar Pradesh - 231210.

... Respondent Application praying that this Hon'ble Court be pleased to appoint the employee of the Applicant viz, Mr.Ansar Ahamad Siddiqui, Territory Collection Manager, as Receiver to seize and take possession of the

Vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondent's men, agents, servants, from respondent premises or wherever found with Police aid and break open of premises if necessary.

This application coming on this day before this court for hearing in the presence of Mr.D.Pradeep Kumar, Advocate for the Applicant herein, and upon reading the Judge's Summons and the affidavit of Shanthi G.K. filed herein and the learned counsel appearing on behalf of the Applicant having submitted that the Respondent died and requests to close the Application for the present and it is ordered as follows :- That the Arb. Appln. No.143 of 2021 do stand closed.

2. That the Applicant herein shall be at liberty to approach this Court, if any legalheirs are identified.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 28th DAY OF SEPTEMBER 2021.

Sd/- ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 25/10/2021 ORDER :- DATED :28.09.2021 THE HON'BLE MR.JUSTICE V.PARTHIBAN FOR APPROVAL: 26/10/2021 APPROVED ON: 28/10/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 28TH DAY OF SEPTEMBER 2021 THE HON'BLE MR.JUSTICE V.PARTHIBAN In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Disputes between M/s.TVS Credit Services Limited and Mr.Kalawati Ramautar Arising under Loan Cum Hypothecation Agreement Dated 14.11.2019 bearing Agreement No.UP3038TR0001880.

M/s TVS Credit Services Limited, Jayalakshmi Estates, New No.29, Old No.8, Haddows Road, Chennai - 600 006.

Represented by its Authorised Signatory.

... Applicant -VersusMr.Kalawati Ramautar, W/o. Ramautar, Vill & Post Parsauna, Ghorawal, Sonbhadra, Mirzapur, Amilaudha B.o., Nr. Rajkiya Uchittar Madvidhaliya, Uttar Pradesh - 231210.

... Respondent Application praying that this Hon'ble Court be pleased to appoint the employee of the Applicant viz, Mr.Ansar Ahamad Siddiqui, Territory Collection Manager, as Receiver to seize and take possession of the

Vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondent's men, agents, servants, from respondent premises or wherever found with Police aid and break open of premises if necessary.

This Arbitration Application coming on this day before this court for hearing, the court made the following order:- When the matter is taken up for hearing today, the learned counsel appearing on behalf of the Applicant submits that the Respondent died and requests to close the application for the present. Therefore, the Application is closed with liberty to approach this Court, if any legalheirs are identified. Sd./-V.P.N.J.

28/09/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.