Cholamandalam Investment And Finance Co Ltd v. Zakkariya Kunhippa

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2025

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Applicant Vs Zakkariya Kunhippa Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Respondent For Applicant : Mr.D. Pradeep Kumar - - - - - In this application, a party receiver was appointed by this Court to seize the vehicle, which is the subject matter of this application from the respondent.

2. The learned counsel for the applicant now submits that the vehicle could not be seized, since the vehicle is not traceable.

3. This Court appointed the party receiver through its order, dated 25.09.2024. No prejudice would be caused if liberty is granted to the 1/3

applicant to file a fresh application on the same cause of action as and when the vehicle is traced. Accordingly this application is disposed of by granting liberty to the applicant to file a fresh application seeking for for appointment of Advocate Commissioner as and when the vehicle is traced.

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ABDUL QUDDHOSE, J.

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