M/S Tvs Credit Services Limited v. Mr.Pratapjibhai Jethajibhai Rathod
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 21ST DAY OF OCTOBER 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR Arb Appln. No.194 of 2021 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Disputes between M/S TVS CREDIT SERVICES LIMITED and MR.PRATAPJIBHAI JETHAJIBHAI RATHOD arising under Loan Cum Hypothecation Agreement Dated 11.11.2019 bearing Agreement No.GJ303UV0000206.
M/S TVS CREDIT SERVICES LIMITED, Jayalakshmi Estates, New No.29, Old No.8, Haddows Road, Chennai 600 006., Represented by its Authorised Signatory.
..Petitioner -VsMR.PRATAPJIBHAI JETHAJIBHAI RATHOD S/o.Jethajibhai, Vanzara Vas, AT Matar, Village - Matar, Dist,Kheda, Opp. Matar Police Station, Gujarat - 387 530.
..Respondent
Arbitration Application praying that this Hon'ble Court be pleased to appoint the employee of the Applicant viz Mr.Mitesh Kumar., 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:
This Arbitration Application has been filed to appoint the employee of the applicant viz., Mr.Mitesh Kumar, 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.
2. Heard Mr.D.Pradeep Kumar, learned counsel for the applicant. There was no representation on behalf of the respondent.
3. Today, when the matter was taken up for hearing, learned counsel appearing for the applicant submitted that award has already been passed in this matter.
4. In such a view of the matter, this Court is not inclined to pass any order in this application, as the Court fee is also not paid. Applicant has to work out the remedy to execute the award. Accordingly, this application is closed.
Sd/.N.S.K.J.
21.10.2021 //Certified to be a true copy// Dated this the th day of 2021. SU/26.10.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.