Madras High CourtA/7768/2019closed

M/S.Sundaram Finance Ltd v. Mr.Kudigi Sushilendra 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.7768 of 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Arbitration of dispute between M/s.Sundaram Finance Limited- and -Mr.Kudligi Sushilendra and another-Loan Agreement No: M002300308;

dated 29.12.2017.

M/S.SUNDARAM FINANCE LIMITED, NO.21, PATULOUS ROAD, CHENNAI REP.BY ITS SENIOR MANAGER-LEGAL MR.S.SESHADRI ..Applicant -Vs1. MR.KUDLIGI SUSHILENDRA,

2. MR.KUDLIGI HARINATH SONS OF MR.KUDLIGI GOPINATH ACHAR, BOTH AT PLOT NO.54, 3RD LINK, T.G.LAYOUT, MOKA ROAD, OPP. CHAITANYA COLLAGE, GANDHI NAGAR, BELLARY, KARNATAKA - 583 101.

..Respondents Application praying that this Hon'ble Court be pleased to appoint an advocate commissioner to seize 1 No: TATA HITACHI EXCAVARTORhttps://hcservices.ecourts.gov.in/hcservices/

EX-200 bearing Machine Serial No: S20024249; filled with Engine No.71K84419291, from the respondents or wherever it is found and deliver it to the applicant with liberty to sell and to permit the Advocate Commissioner to obtain Police aid and to break open the premises within which the said equipment is lying.

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 an advocate commissioner to take custody of the vehicle mentioned in the judges summons.

2. It is submitted by the learned counsel appearing for the applicant that award has already been passed by the arbitrator on 02.08.2018 itself.

3. In such view of the matter, this Court is not inclined to pass any order in this application and the applicant has to work out their remedy by executing the award. Accordingly, 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.) https://hcservices.ecourts.gov.in/hcservices/ From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.