Cholamandalam Investment And Finance Co Ltd v. Abdul Kader Machery

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M/s Cholamandalam Investment and Finance Company Limited Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032 represented by its Authorised Signatory Applicant Vs Mr.Abdul Kader Machery S/o Ummerkutty Machery House, Irikkur, Kannur Kannur, Near Mamawam Ambalam Kerala 670 593 Respondent PRAYER To appoint an Advocate Commissioner to seize and deliver the vehicle to applicant which is morefully described in the Schedule to the Judges Summons which is lying in the custody of respondent or respondent's men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary.

For Applicant:

Mr.D.Pradeep Kumar For Respondent:

Mr.D.Selvakumar Advocate Commissioner

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of an Advocate Commissioner for seizing the vehicle in the custody of the respondent, if necessary, with police protection and by breaking open the premises.

2. When the matter was taken up for hearing today, it was brought to the notice of this Court that the vehicle has already been seized and handed over to the official of the applicant company. The learned counsel for applicant also submitted that the additional remuneration has also been paid to the learned Advocate Commissioner.

3. In view of the fact that the vehicle has already been seized and handed over to the official of the applicant company and the additional remuneration has also been paid to the learned Advocate Commissioner and that there is no representation on behalf of the respondent in spite of service of notice, no further orders are required to be passed in this application. Accordingly, this application stands closed.

08-10-2025 ss

To Mr.Abdul Kader Machery S/o Ummerkutty Machery House, Irikkur, Kannur Kannur, Near Mamawam Ambalam Kerala 670 593

N.ANAND VENKATESH J.

ss Arb Appln No. 891 of 08-10-2025