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Madras High CourtA/4253/2019closed

M/S.Cholamandalam Investment And Finance Co.,Ltd., v. Mr.Amit Bhimrao Gomase

2019-10-31Honourable Mrs Justice Pushpa Sathyanarayana2 pages

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 31ST DAY OF OCTOBER 2019 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA A.NO.4523 OF 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd. And MR.AMIT BHIMRAO GOMASE Arising under Loan Agreement No.X0CEWDH00002087805 Dated 30.08.2017.

M/s.Cholamandalam Investment and Finance company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001.

Represented by its Authorised Signatory.

: Applicant Vs.

MR.AMIT BHIMRAO GOMASE S/O.BHIMRAO GOMASE, AT POST - AKOLI, TAH-SELU AKOLI, WARDHA, MAHARASHTRA-442 001.

: Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz. MR.PARTHA HALDER Regional Receivables Manager, as Receiver to seize and take possession of the construction equipment which is more fully described in the schedule to the Judges summons which is lying in the custody of respondent or respondents men, agents, servants from respondent premises or wherever found with police aid and break open of premises if necessary.

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/ 2 / This Application coming on this day before this court for hearing the court made the following order: By order dated 28.06.2019 this Court appointed one Mr.Partha Halder, Regional Receivables Manager of the applicant Company, as a Receiver to seize and possess the vehicle in question.

2.

Pursuant to the order issued by this Court to seize the vehicle, today it is represented by the learned counsel appearing for the applicant that the subject vehicle has been seized on 26.10.2019 and handed over to the applicant company by the Receiver. He would also confirm that proceedings for arbitration in connection with the transaction relating to the aforesaid asset have been concluded and an award has also been passed on 04.09.2019 in Arbitration Case. The said statement is recorded.

3. In view of the above, nothing further survives in this application and the same stands closed. The parties are free to take such action, as they may desire hereafter, in accordance with law.

Sd/.P.S.N.J.

31.10.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/15.11.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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