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Madras High CourtA/4807/2019closed

M/S.Cholamandalam Investment And Finance Co.,Ltd v. The Correspondent

2020-09-22Honourable Mr Justice N. Sathish Kumar3 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.4807 of 2019 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Disputes between M/s. Cholamandalam Investment & Finance Company Ltd and Kumaran Matriculation School Arising under Loan Agreement No:

XVFPKIR00002452981 dated 23.6.2018.

M/S.CHOLAMANDALAM INVESTMENT AND FINANCE CO.,LTD, REPRESENTED BY ITS AUTHORISED SIGNATORY, "PARRY HOUSE",NO:2, N.S.C.BOSE ROAD, PARRYS, CHENNAI - 1.

....Applicant

VERSUS

THE CORRESPONDENT, KUMARAN MATRICULATION SCHOOL, PUDHUMOTTUR, JINGALKATHIRAMPATTI, POCHAMPALLI, KIRSHNAGIRI DISTRICT - 635 201.

....Respondent Application praying that this Hon'ble Court be pleased to appoint the employee of the Applicant viz Mr. K.NANDAKUMAR LEGAL EXECUTIVE to seize and take possession of the vehicle which is morefully

/ 2 / described in the schedule to the Judges Summons which is lying in the custody of respondents, men, servants, agents from his premises at PUDHUMOTTUR, JINGALKATHIRAMPATTI, POCHAMPALLI KRISHNAGIRI DISTRICT TAMILNADU-635 201. or wherever found with the police aid and break open of premises if necessary. This Application coming on this day before this court for hearing the court made the following order:

This application has been filed to appoint the employee of the applicant viz. Mr.K.Nandakumar, Legal Executive, to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondent or his men, agents, servants, from his premises or wherever found with Police aid and break open of premises if necessary.

2. The learned counsel for the applicant would submit that arbitration proceedings are initiated and pending.

3. In such view of the matter, It is for the applicant to approach the arbitral tribunal for interim relief.

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4. Accordingly, this application is closed. No costs. Sd/.N.S.K.J 22.09.2020 //Certified to be a true copy// Dated this the th day of 2020. SS/03.11.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.