M/S.Daimler Financial Services India Private Limited v. Shoba Mangesh Patil And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 22nd DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY Arb.Appln.No.230 of 2021 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s. Daimler Financial Services India Private Limited and Shoba Mangesh Patil & others Arising under Loan Agreement Dated 24.12.2020 bearing Contract No. 10143201.
M/s. Daimler Financial Services India Private Limited Campus 3A, RMZ Millennia Business Park II, No.143, Dr. M.G.R. Road, Perungudi, Chennai - 600 096 Represented by its Authorised Signatory ...Applicant vs
1. Shoba Mangesh Patil,
2. Nikita Mangesh Patil,
3. Rupali Mangesh Patil,
4. Suman Wamanrao Patil,
...Respondents
Arbitration Application praying that this Hon'ble Court be pleased to appoint the authorised agent of the Applicant viz. Mr. Shailendra Shukla 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 respondents or respondents men, agents, servants from respondents premises or whereever found with Police aid and break open of premises if necessary.
This arbitration application coming on this day before this Court for hearing in the presence of Mr. D.Pradeep Kumar, Advocate for the applicant in Arb.Appln.No.230 of 2021 and Mr.Dominic S. David, the Advocate Commissioner appearing in person and upon reading the Report filed by the Advocate Commissioner dated 20.12.2021 and the order herein dated 23.11.2021 and the Court made the following order:- By order dated 23.11.2021, an Advocate Commissioner was appointed to take possession of the vehicle described in the schedule to the judge's summons. Pursuant thereto, the Advocate Commissioner filed a report dated 20.12.2021. In such report, it is stated that the legal heirs of the borrower handed over possession of the vehicle to the Advocate Commissioner on 18.12.2021.
The Advocate Commissioner, in turn, handed over the vehicle to the applicant's representative Mr.K.K.Saravanakumar at about 5.40 p.m on the same date. Learned counsel for the applicant also concurs that the hypothecated vehicle has been handed over to the authorized representative of the applicant. As such, nothing survives for adjudication in this application.
2. Accordingly, Arb.Appln.No.230 of 2021 is disposed of without any order as to costs. The Advocate Commissioner was paid initial
remuneration of Rs.25,000/-. He shall be paid additional remuneration of Rs.25,000/- by the applicant within a period of two weeks from the date of receipt of a copy of this order.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 22nd DAY OF DECEMBER 2021. Sd/- ASSISTANT REGISTRAR (COMM. CASES) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
ARS 09.03.2022 Arb.Appln.No.230 of 2021
ORDER
DATED : 22.12.2021 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY FOR APPROVAL: 10.03.2022 APPROVED ON: 10.03.2022 Copy to:- Mr.Dominic S.David Advocate Commissioner, (Mobile No.9894229210), "Vanguard House" 3rd Floor, No.48, 2nd Line Beach, Parrys, Chennai 600 001.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 22nd DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY Arb.Appln.No.230 of 2021 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s. Daimler Financial Services India Private Limited and Shoba Mangesh Patil & others Arising under Loan Agreement Dated 24.12.2020 bearing Contract No. 10143201.
M/s. Daimler Financial Services India Private Limited Campus 3A, RMZ Millennia Business Park II, No.143, Dr. M.G.R. Road, Perungudi, Chennai - 600 096 Represented by its Authorised Signatory ...Applicant vs
1. Shoba Mangesh Patil,
2. Nikita Mangesh Patil,
3. Rupali Mangesh Patil,
4. Suman Wamanrao Patil,
...Respondents
Arbitration Application praying that this Hon'ble Court be pleased to appoint the authorised agent of the Applicant viz. Mr. Shailendra Shukla 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 respondents or respondents men, agents, servants from respondents premises or whereever 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:- By order dated 23.11.2021, an Advocate Commissioner was appointed to take possession of the vehicle described in the schedule to the
judge's summons. Pursuant thereto, the Advocate Commissioner filed a report dated 20.12.2021. In such report, it is stated that the legal heirs of the borrower handed over possession of the vehicle to the Advocate Commissioner on 18.12.2021. The Advocate Commissioner, in turn, handed over the vehicle to the applicant's representative Mr.K.K.Saravanakumar at about 5.40 p.m on the same date. Learned counsel for the applicant also concurs that the hypothecated vehicle has been handed over to the authorized representative of the applicant. As such, nothing survives for adjudication in this application.
2. Accordingly, Arb.Appln.No.230 of 2021 is disposed of without any order as to costs. The Advocate Commissioner was paid initial remuneration of Rs.25,000/-. He shall be paid additional remuneration of Rs.25,000/- by the applicant within a period of two weeks from the date of receipt of a copy of this order.
Sd/-S.K.R.J.
22.12.2021 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.