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Madras High CourtA/4598/2019closed

M/S.Shriram Transport Finance Co.Ltd v. Mr.K.Palanisamy And Another

2020-07-20Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.Nos.4598 & 4599 of 2019 M/s.Shriram Transport Finance Co.Limited, Rep by its Authorized Signatory and Executive: Mr.S.Varadhan, S/o.Mr.P.M.Seethapathy, Having its Registered Office at Mookaambika Complex, III Floor, No:4, Lady Desika Road, Mylapore, Chennai 600 004.

. . . Applicant

Versus

1.Mr.K.Palanisamy, No.E5/17, TNHB Flats, South Sivan Koil Street, Kodambakkam, Chennai - 600 024.

2.Mr.K.Robert Kamalraj, No.6, 9th Cross Street, Melpallikuppam, Porur, Chennai - 600 116.

. . . Respondents PRAYER : Applications filed under Order XIV Rule 8 of original side rules r/w.SEC 9(ii) (b) & (e) of the Arbitration and Conciliation Act, 1996, to appoint an advocate commissioner with direction to seize the schedule mentioned vehicle which is lying under the custody of the respondents or their men, agents, servants or anyone claiming under them from the premises of 1st respondent at No.E5/17, TNHB Flats, South Sivan Koil

Street, Kodambakkam, Chennai - 600 024, or at any other place where the scheduled asset is found, with the police aid and by breaking open locks if necessary and to take the same into his/her custody as sell the same at fair market price.

For Applicant :

Mrs.Nandhini for Mrs.K.Subhashini Suresh For Respondents :

No appearance

ORDER

These applications have been filed to appoint an advocate commissioner with direction to seize the schedule mentioned vehicle which is lying under the custody of the respondents or their men, agents, servants or anyone claiming under them from the premises of 1st respondent at No.E5/17, TNHB Flats, South Sivan Koil Street, Kodambakkam, Chennai - 600 024, or at any other place where the scheduled asset is found, with the police aid and by breaking open locks if necessary and to take the same into his/her custody as sell the same at fair market price.

2. Today, when the matter was called, the learned representing counsel for the learned counsel on record for the applicant through video conferencing would submit that the Advocate Commissioner was already appointed and the vehicle was seized.

3. In view of the same, nothing survives for further adjudication in these applications and hence, the applications are closed. Sd/.N.S.K.J.

20.07.2020 //Certified to be a true copy// Dated this the th day of 2020. su.31.08.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.