M/S Tvs Credit Services Limited v. Mr.Prasenjit Siddha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN Arb.Appln.212 of 2021 and In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Disputes between M/s. TVS Credit Services Limited and Mr. Prasenjit Siddha Arising under Loan Cum Hypothecation Agreement Dated 05.02.2018 bearing Agreement No.KO3078CA0000679.

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. Prasenjit Siddha S/o. Shambhu Siddha Purba Fakdoibari, Ghogomali, Dabgram, Jalpaiguri, Nr. Hatiyadanga High School, Ghugumali B.O., West Bengal - 734006.

... Respondent

Application praying that this Hon'ble Court be pleased to appoint the employee of the Applicant viz. Mr.Sougata Maitra, Territory Manager - Collection 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. Arb.Appln.212 of 2021 Application praying that this Hon'ble Court be pleased to extend the time granted by order dated 04.03.2021 in Application NO.817 of 2021 to the receiver to seize the vehicle which is morefully described in the schedule to the judges summons by a further period of 4 weeks from the date of receipt of copy of order.

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 Judges Summons and the affidavit of Mrs.Shanthi G.K filed in Arb.Appln.No.212 of 2021 and the order dated 04.03.2021 made in A.No.817 of 2021, it is ordered as follows:- That the time granted in pursuance of the order dated 04.03.2021, made in A.No.817 of 2021, to seize and repossess the vehicle by the

receiver appointed therein be and is hereby extended till 20.10.2021.

2. That the Arb.Appln.No.212 of 2021 and A.No.817 of 2021 be posted on 20.10.2021.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14TH 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.

KY 08.10.2021 Arb.Appln.No.212 of 2021 and

ORDER

DATED : 14.09.2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN FOR APPROVAL: 11.10.2021 APPROVED ON: 13.10.2021 Copy to:- Mr.Sougata Maitra, Territory Manager - Collection Receiver M/s.TVS Credit Services Limited Jayalakshmi Estates, New No.29, Old No.8, Haddows Road, Chennai - 600 006.