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Madras High CourtA/3033/2020closed

M/S Hdb Financial Services Limited v. M/S Emi Infrastructure Private Limited And 2 Others

2021-02-11Honourable Ms. Justice P.T. Asha4 pages

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 11TH DAY OF FEBRUARY 2021 THE HON'BLE MS. JUSTICE P.T.ASHA A. Nos.3033 and 3034 of 2020 A.No.3033 of 2020:

In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Loan Cum Hypothecation Agreement and dispute between M/s.HDB Financial Services, and M/s.EMI Infrastructure Private Limited- Loan No.6696121 Dated - 22.02.2019.

M/s.HDB Financial Services Limited, Registered office at Radhika, 2nd Floor, Law Garden Road, Navrangpura, Ahmedabad-380 009, Corporate office at Process House, 2nd Floor, Kamala Mills Compound, Lower Panel, Mumbai-400 013.

Branch Office at 4th Floor, Loyal Towers, No.68/2, Greams Road, Chennai-600 006.

Represented by its Associate-Legal Mr.Shanmugasundaram ..Applicant -Vs1. M/s.EMI Infrastructure Private Limited, Represented by the its Director Mr.Chandrasekaran, No.144, TI Chandhiya Enclave, BharathaMatha Street,

/ 2 / East Tambaram, Chennai - 600 059, Tamilnadu.

2. MR.CHANDRASEKARAN No.144, TI Chandhiya Enclave, BharathaMatha Street, East Tambaram, Chennai - 600 059. Tamilnadu.

3. REMINA No.144, TI Chandhiya Enclave, Bharatha Matha Street, East Tambaram, Chennai - 600 059 Tamilnadu.

..Respondents Application praying that this Hon'ble Court be pleased to appoint a receiver namely Mr.S.Varun of the applicant to seize and deliver the vehicle AL 2518, Registered No.KA51AD5120 Chassis No.MBIHTGHD8KRJA5222, Engine No.JWHZ104880 available at the Respondent's premises or wherever found and permit the receiver namely Mr.S.Varun of the applicant to obtain police aid and to break open the premises.

A.No.3034 of 2020:

In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Loan Cum Hypothecation Agreement and dispute between M/s.HDB Financial Services, and M/s.EMI Infrastructure Private Limited- Loan No.6732211 Dated - 22.02.2019.

M/s.HDB Financial Services Limited, Registered office at Radhika, 2nd Floor,

/ 3 / Law Garden Road, Navrangpura, Ahmedabad-380 009, Corporate office at Process House, 2nd Floor, Kamala Mills Compound, Lower Parel, Mumbai-400 013.

Branch Office at 4th Floor, Loyal Towers, No.68/2, Greams Road, Chennai-600 006.

Represented by its Associate-Legal Mr.Shanmuga Sundaram ..Applicant -Vs1. M/s.EMI Infrastructure Private Limited, Represented by the its Director Mr.Chandrasekaran, No.144, TI Chandhiya Enclave, Bharatha Matha Street, East Tambaram, Chennai - 600 059, Tamilnadu.

2. MR.CHANDRASEKARAN No.144, TI Chandhiya Enclave, Bharatha Matha Street, East Tambaram, Chennai - 600 059. Tamilnadu.

3. REMINA No.144, TI Chandhiya Enclave, Bharatha Matha Street, East Tambaram, Chennai - 600 059 Tamilnadu.

..Respondents Application praying that this Hon'ble Court be pleased to appoint a receiver namely Mr.S.Varun of the applicant to seize and deliver the vehicle AL 2518, Registered No.KA51AD5121 Chassis No.MBIHTGHD0KRJA5411, Engine No.JKHZ107899 available at the Respondent's premises or wherever found and permit the receiver namely Mr.S.Varun of the applicant to obtain police aid and to break open the premises.

/ 4 / These Applications are coming on this day before this court for hearing the court made the following order:

Though several adjournments were taken stating that the parties are working out for settlement, today it is reported that the settlement talk failed. It is also informed that the applicant Finance Company has already initiated Arbitration proceeding. Considering the above, the applications are closed.

Sd/.P.T.A.J.

11.02.2021 //Certified to be a true copy// Dated this the day of 2021.

SU/15.02.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.