M/S.Mercedes-Benz Financial Services India Pvt. Ltd. v. Elixir Diagnostics Pvt. Ltd. And Another

G.K.ILANTHIRAIYAN, J.

This Court, by its order dated 20.11.2023, appointed the Advocate Commissioner directing him to execute the warrant within a period of four weeks. However, since the Advocate Commissioner did not execute the warrant in time, this Court, vide its order dated 18.12.2023, had granted another four weeks' time for execution of warrant. Even then, the applicant failed to cooperate and due to the same, the warrant has not been executed. When the matter was taken up on 05.03.2024, this Court has given one more opportunity for executing the warrant on or before 02.04.2024. Even the said deadline fixed by this Court has not been adhered to. Again, the matter was listed for extension of time for execution of warrant on 04.06.2024, 15.07.2024 and 04.09.2024; and in all those hearing dates, this Court had granted ample opportunity to execute the warrant, but, nothing has been materialized as on today.

2. On the contrary, even today, the learned counsel for the applicant seeks further extension of time for execution of warrant. Though this Court has repeatedly granted extension of time for execution 1/3

of warrant, the applicant has failed to take steps to execute the warrant of commission. Therefore, this Court is not inclined to grant further extension of time for execution of warrant.

3. In view of the above, this application is closed. However, the applicant is at liberty to file a fresh application in the manner known to law.

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G.K.ILANTHIRAIYAN, J.

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