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Madras High CourtOA/823/2025closed

S.Karthick v. Mrs.V.Subbulakshmi

2025-09-19Honourable Mr.Justice P. Dhanabal2 pages

O.A.No.823 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.09.2025

CORAM

THE HON'BLE Mr. JUSTICE N. ANAND VENKATESH O.A.No.823 of 2025 Tata Capital Limited .. Applicant vs V.M.Tex and another .. Respondents Prayer: Original Application filed under Section 9 of the Arbitration and Conciliation Act, 1996 to permit the Applicant to sell the movable assets being 4 quantities of Legend Bride Waving Machine, Model No.788, Rapier and Jaquard Loom, Read Space - 1500 mm bearing Machine Serial Nos.100509, 100510, 100511 and 100512 seized by the Advocate Commissioner through public auction.

For applicant :

Ms.Abitha Banu

ORDER

Pursuant to the earlier order, private notice has been taken and proof of service has also been filed and name of the respondents has also been N. ANAND VENKATESH, J.

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O.A.No.823 of 2025 vga printed in the cause list. There is no appearance either in person or through counsel.

2.This Court finds that the trigger notice under Section 21 of the Arbitration and Conciliation Act was issued on 07.06.2024. Thereafter, the earlier application was filed for the seizure of the movable properties and this Court appointed an Advocate Commissioner and the movable properties were seized. Pursuant to the same, the present application has been filed for permission to sell the movable assets that were seized. Before passing any orders in this application, this Court wants to ascertain as to whether any steps were taken for appointment of an Arbitrator since the notice was given as early as on 07.06.2024.

3.Learned counsel for the applicant seeks for some time. 4.Post this case on 07.10.2025.

23.09.2025 vga O.A. No.823 of 2025 2/2 https://www.mhc.tn.gov.in/judis