Madras High CourtA/7963/2019closed

M/S.Sundaram Finance Ltd. v. Mr.S.Gangaprasad And Another

2021-04-17Honourable Mr Justice N. Sathish Kumar3 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.7963 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 .S.Gangaprasad and another-Loan Agreement No: L000200600;

dated 20.09.2016..

M/S.SUNDARAM FINANCE LIMITED, NO.21, PATULOUS ROAD, CHENNAI REP.BY ITS SENIOR MANAGER-LEGAL MR.S.SORNARAJ ..Applicant -Vs1. MR.S.GANGAPRASAD, S/O.MR.P.N.R.SHANMUGASUNDARAM, NO.15, NEW KANCHEEPURAM ROAD, CHEYYAR, THIRUVANNAMALAI - 604 407.

2. MR.G.SATHISH, S/O.MR.GANAGAPRASAD, NEW NO.5, NEW KANCHEEPURAM ROAD, CHEYYAR, THIRUVANNAMALAI - 604 407.

..Respondents

Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to take custody of the vehicle being 1 No.TATA 1613 HEAVY COMMERCIAL VEHICLE bearing Chassis No.MAT373096G2E12579 fitted with Engine No.697TC69ETY106607 and registered as TN 25 BZ 2579, 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 vehicle 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 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.