M/S.Daimler Financial Services India Pvt Ltd v. M/S.Leisure Agencies Private Limited (Opc)

A.No.5492 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.5492 of 2019 M/s.Daimler Financial Services India Private Limited, Rep. by its Authorised Signatory Unit 202, 2nd Floor, Campus 3B, RMZ Millennia Business Park, 143, Dr.MGR Road, Perungudi, Chennai - 600 096.

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Applicant versus 1.M/s.Leisure Agencies Private Limited (OPC), Represented by its Director, Nazeer K Room No.1130 P, First Floor, Veekay Tower, Valayanad, Bypass Road, Mankavu, Kozhikode - 637 007.

Kerala.

2.Nazeer K.

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Respondents Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(a)(b)&(e) of the Arbitration and Conciliation Act, 1996, to appoint the applicant's employee Mr.Suresh, as Receiver to seize and take possession of the vehicle, which is more fully described in the Judges Summons schedule lying in the custody of respondent or his men, agents, servants from his premises or wherever found with Police assistance and by breaking open the premises, if necessary.

For Applicant : Mr.Anand Johnson http://www.judis.nic.in 1/2

A.No.5492 of 2019 N.SATHISH KUMAR, J.

sri

O R D E R

This application has been filed to appoint the applicant's employee Mr.Suresh, as Receiver to seize and take possession of the vehicle, which is more fully described in the Judges Summons schedule lying in the custody of respondent or his men, agents, servants from his premises or wherever found with Police assistance and by breaking open the premises, if necessary.

2. Today, when the matter was called, the learned counsel appearing for the applicant submitted through video conferencing that already the award has been passed in its favour and the notices sent to the respondents were returned with an endorsement "left" and an affidavit of service is also filed to that effect. Though the names of the respondents are printed in the cause list, there is no representation for them either in person or through counsel.

3. In such view of the matter, it is open to the applicant to enforce the award as per law and hence, this application stands closed. 09.09.2020 sri Application No.5492 of 2019 http://www.judis.nic.in 2/2