M/S.Cholamandala Investment And Finance Co.Ltd v. Mr.Asif Ummer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 22ND DAY OF NOVEMBER 2019 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA A. No.5244 of 2019 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Asif Ummer Arising under Loan Agreement No.XVFPIJA00001837555 Dated 25.11.2016.

M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai-600 001 rep. by its Authorised Signatory ... Applicant -VersusMr.Asif Ummer S/o. Ummer Nedumpurakal House, Parappuram, Oorakam, Thrissur, Karuvannur, Near cheriyapalam, Kerala 680711.

... Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the applicant viz., Mr.Jomon C T, Sr.Legal Executive, as Receiver 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.

This Application coming on this day before this court for hearing the court made the following order: By order, dated 29.07.2019, this Court appointed one https://hcservices.ecourts.gov.in/hcservices/ Mr.Jomon, C T, Senior Legal Executive of the applicant Company, as a Receiver to seize and possess the vehicle in

question.

2.

It is represented today by the learned counsel appearing for the applicant that the warrant has been duly executed by the Receiver and the vehicle has been seized on 18.09.2019 and handed over to the applicant-company by him. He would further submit that an award in arbitration between the applicant and the respondent has been passed on 09.01.2019. The statement is recorded.

3. Though the respondent is served and his name has also been printed in the cause list, there is no representation for him either in person or through counsel.

4. In the above circumstances, nothing further survives in this application and the same stands closed. Sd/.P.S.N.J.

22.11.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/02.12.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/