Cholamandalam Investment And Finance Co Ltd v. Hareshbhai Keshavbhai Hirapara

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb.Appln. No.379 of 2024 Cholamandalam Investment and Finance Co. Ltd. .. Applicant vs Hareshbhai Keshavbhai Hirapara .. Respondent

ORDER

This Court as early as on 18.07.2024 appointed an Advocate Commissioner to repossess the vehicle from the respondent or wherever available. Till date, the applicant has not executed the warrant of commission despite several extensions having been granted by this Court on 28.08.2024, 06.11.2024, 06.12.2024 and 20.01.2025 for the Advocate Commissioner to execute the warrant of commission. 2.No useful purpose will be served if this application is allowed to be kept pending.

https://www.mhc.tn.gov.in/judis 1/2

ABDUL QUDDHOSE,J.

vga 3.Accordingly, this application is closed since the applicant has been unable to re-possess the vehicle despite this Court's order passed as early as on 18.07.2024 and despite this Court having granted several extensions for executing the warrant of commission.

4.Liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner once the vehicle is located by the applicant.

5.While considering the fresh application to be filed by the applicant in the near future, this Court will consider retaining the very same Commissioner appointed by this Court in this application as the applicant has already paid the Advocate Commissioner's initial remuneration of Rs.20,000/-. 03.03.2025 vga Arb.Appln. No.379 of 2024 https://www.mhc.tn.gov.in/judis 2/2