M/S.Daimler Financial Services India Pvt Ltd v. Uyyala Rajeswari Filling Station (Borrower) And Another

A.No.7620 of 2019

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.7620 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.Uyyala Rajeswari Filling Station (Borrower), Rep by Proprietor U. Rajeswari, D.No.20- 1/4 15/ A9, Korlagunta Subash Nagar, Tirupathi, Chitoor 517501, Andhra Pradesh.

2. U.Praveen (Guarantor), D.No.20- 1/4 15/ A9, Korlagunta Subash Nagar, Tirupathi, Chitoor 517501, Andhra Pradesh.

... 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.Pravee Kumar, 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.

N.SATHISHKUMAR, J.

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A.No.7620 of 2019 mst 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. This application is pending from the year 2019. However, service is not completed and hence, this court is not inclined to pass any order in this application. It is open to the applicant to move a petition under Section 17 of the Arbitration and Conciliation Act before the arbitrator for interim relief.

3. Accordingly, this application is closed. No costs. 09.09.2020 Index: Yes/No Internet: Yes/No Speaking/non speaking order mst.

A.No.7620 of 2019 http://www.judis.nic.in