Madras High CourtA/7619/2019closed

M/S.Daimler Financial Services India Pvt Ltd v. Sunil Kumar I (Borrower) And Another

2021-04-17Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) SATURDAY, THE 17TH DAY OF APRIL 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.7619 of 2019 In the matter of Arbitration & Conciliation Act 1996 And In the matter of Disputes and differences between applicant and respondents In the matter of Agreement dated 26.10.2017 in agreement No.20135427 M/S.DAIMLER FINANCIAL SERVICES INDIA PVT. LTD. UNIT 201, 2ND FLOOR, CAMPUS 3B, RMZ MILLENNIA BUSINESS PARK, 143, DR.M.G.R.ROAD, PERUNGUDI, CHENNAI-600 096, REPRESENTED BY ITS CHIEF MANAGER, MR.SHAIKSHAVALI ..Applicant -Vs1. SUNIL KUMAR. I (BORROWER), S/O.ISHWARAPPA ANKALAGI, AT POST SOAN, NEAR HANUMAN TEMPLE, AFZALPUR, KARNATAKA - 585 301.

2. SHIVAPPA KAREPPA (GUARANTOR) AT POST SOAN, NEAR HANUMAN TEMPLE, AFZALPUR, GULBARGA, KARNATAKA - 585 301.

..Respondents https://hcservices.ecourts.gov.in/hcservices/

Application praying that this Hon'ble Court be pleased to appoint Mr.GOVIND, Authorized Agent of the applicant as a Receiver to seize and take possession of the subject schedule vehicle morefully described in the Schedule of the Judge's Summons from the premises of the Respondents or wherever found with police aid and to break open the premises if necessary. This Application coming on this day before this court for hearing the court made the following order:

This application has been filed for appointment of a receiver to seize and take possession of the vehicle mentioned in the judges summons.

2. This application is pending from the year 2019 and it is not brought to the notice of this Court, whether the applicant has initiated arbitration proceedings or not. The same clearly indicate that the applicant is not having any manifest intention to invoke arbitration proceedings.

3. In such view of the matter, this Court is not inclined to grant any relief in this application. This application is closed. Sd/.N.S.K.J.

17.04.2021 //Certified to be a true copy// Dated this the th day of 2021. su.04.06.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/