Mercedes Benz Financial Services India Pvt Ltd v. Kadiyam Industries And Projects Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2024

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Arbitration Application No.551 of 2024 M/s.Mercedes-Benz Financial Services India Pvt., Ltd., (Formerly known as Daimler Financial Services Pvt., Otd.,) Rep. by its authorized signatory Mr.Ra.Shivdhara Adhiyaman, S/o.Mr.V.Ramani Plot No.8, 5th Floor, Baashyam Willow Square 9 & 10, First Street, Thiru Vika Industrial Estate, Guindy, Chennai 600 032.

... Applicant Vs.

1.M/s.Kadiyam Industries and Projects Private Limited No.39.549 LB Nagar, Sri Rama Hills Colony, Mansoorabad, Hyderabad - 500 068, Andhra Pradesh. 2.M/s.Sri Sai Balaji Rock Sand Industries Near Sahara Estates, H No.3-9-549, Sri Rama Hills Colony, LB Nagar, Mansoorabad - 50 068, Andra Pradesh. 3.Kadiyam Kalyan Chander, No.39 459, LB Nagar, Sri Rama Hills Colony, Mansoorabad - 50 068, Andra Pradesh.

...Respondents

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PRAYER : Judge's Summons filed under Order XIV Rule 8 of Original Side Rules read with Section 9(1)(ii)(c) & (e) of the Arbitration and Conciliation Act, 1996, praying to grant an order appointing an Advocate commissioner to visit the respondent premises, other areas which is occupied by the respondent and any other premises of the respondent along with local police protection to break open if necessary and to seize and take custody of the vehicle hypothecated with applicant being Motor Car (LMV) bearing No.Model-GLS400D 4MATIC BSVI specifically described in the schedule to the Judge's Summons and hand them over to the applicant pending final adjudication of the disputes between parties through arbitration.

For Applicant : Mr.S.Vigneswaran

O R D E R

The learned counsel appearing for the applicant sought permission of this Court to withdraw this arbitration application and he has also made the following endorsement to that effect:

"The Application has to be withdrawn without any prejudicied. The matter has been the account regularized." 2/4

2.In view of the endorsement made by the learned counsel for the applicant, this arbitration application stands dismissed as withdrawn. No Costs. 18.11.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr 3/4

C.V.KARTHIKEYAN,J.

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