M/S. Shriram Transport Finance Co.Limited v. Mr.Prem Kumar And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 02.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.No.5639 of 2019 M/s.Shriram Transport Finance Co. Limited, rep. By its Authorised Signatory and Executive Mr.S.Varadhan, S/o. P.M.Seethapathy, having its registered office at Mookaambika Complex, III Floor, No.4, Lady Desika Road, Mylapore, Chennai-600 004.

... Applicant Vs

1. Mr.Prem Kumar, No.25/35, Chella Pillaiyar Koil Street, Royapettah, Chennai-600 014.

2. Mr. John Peter. A., No.48, Nehruji Street, Manali, Chennai-600 068.

... Respondents PRAYER : Application filed under Order XIV Rule 8 of Original Side Rules r/w Section 9(ii) (b) and (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner with direction to seize Page 1/4

the schedule mentioned vehicle, which is lying under the custody of the respondents, or his men, agents, servants or anyone claiming under them from yard of the 1 st respondent situated at No.25/35, Chella Pillayar Koil Street, Royapettah, Chennai-600 014, or at any other place where the scheduled asset is found with the police and by breaking open locks if necessary and to take the same into his custody and sell the same at fair market price.

For Applicant :

Mr. Sakthivel for M/s.K.Subhashini Suresh

O R D E R

This application has been filed praying to appoint an Advocate Commissioner with direction to seize the schedule mentioned vehicle, which is lying under the custody of the respondents, or his men, agents, servants or anyone claiming under them from yard of the 1 st respondent situated at No.25/35, Chella Pillayar Koil Street, Royapettah, Chennai-600 014, or at any other place where the scheduled asset is found with the police and by breaking open locks if necessary and to take the same into his custody and sell the same at fair market price.

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2. The learned counsel appearing for the applicant submitted that the vehicle could not be traced out. Hence, he seeks to close this application.

3. In such view of the matter, no further order is required in this application. Accordingly, this application is closed. 02.09.2020 rpp Page 3/4

N.SATHISH KUMAR, J.

rpp A.No.5639 of 2019 02.09.2020 Page 4/4