Daimler Financial Services India Pvt. Ltd. v. Reliance Shelters Pvt Ltd (Borrower) And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Application No.7296 of 2019 Dalmier Financial Services India Pvt. Ltd.

Unit 202, 2nd floor, Campus 3B, RMZ Millennia Business Park, 143, Dr MGR Road, Perungudi, Chennai 600 096. India rep. by its Chief Manager Mr.Shaikshavali ... Applicant Vs.

1. Reliance Shelters Pvt Ltd (Borrower) Rep by Director Muntaz M., No.52, 7th Main Micro Layout, BTM 2nd Stage, Bangalore 5600 076, Karnataka

2. Muntaz M (Co applicant), No.52, Reva Residency 7th Main 14th Cross Miro Layout BTM 2nd Stage, Bangalore 5600 076, Karnataka ... Respondents Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9 (ii)(e) of the Arbitration and Conciliation Act, 1996, to appoint Mr.Eranna, Authorised agent of the applicant as a receiver to seize and take possession of the subject schedule vehicle more fully described in the schedule to the judges summons from the premises of the respondent or wherever found with the police aid and break open of premises if necessary.

For Applicant : Mr. H. Mohamed Ismail - - - - - -

O R D E R

This application has been filed for interim measure for appointing a receiver to seize the vehicle.

2. It is the case of the applicant that as per the loan agreement dated 30.11.2015, the respondents have availed a sum of Rs.42.93,872/-. As the respondents committed default, it is the contention of the applicant that unless a receiver is appointed to take charge of the vehicle, there will be irreparable injury and the vehicle will be sold by the other side. Hence, it is prayed for appointment of a receiver.

3. In such view of the matter, if the vehicle is allowed to be sold by the respondents, the very right of the applicant will be defeated.

4. Taking into consideration that the applicant has made out a prima facie case and balance of convenience is in favour of the applicant, Mr.Eranna, authorised agent of the applicant company is appointed as a receiver to seize the vehicle covered under the contract.

This Order shall operate only for a period of three weeks from the date of receipt of a copy of this Order.

5. The receiver will be entitled to take possession of the vehicle from the respondents or their agents or any one in possession thereof. If necessary, the Receiver shall get police assistance and the Station House Officer of the concerned Police Station, within whose jurisdiction the vehicle is found, will render requisite assistance for this purpose.

6. This Order of appointment shall be served on the respondents by the applicant before the receiver takes any action on the basis of this Order.

7. Accordingly, this application is closed.

09.09.2020 Index: Yes/No Internet: Yes/No Speaking/non speaking order mst.

N.SATHISHKUMAR, J.

mst 09.09.2020