Cholamandalam Investment And Finance Co Ltd v. Muhammed Basil K

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb.Appln. No.645 of 2024 Cholamandalam Investment and Finance Co. Ltd., represented by its Authorised Signatory .. Applicant vs Muhammed Basil K .. Respondent

ORDER

This Court as early as on 04.10.2024 appointed a Receiver to repossess the vehicle from the respondent or wherever available. Till date, the applicant has been unable to re-possess the vehicle due to the fact that the vehicle could not be located and despite several extensions granted by this Court on 05.12.2024 and 20.01.2025 for the Receiver to execute the warrant of commission. 2.Even though the learned counsel for the applicant would submit that in respect of the last extension order granted by this Court on 20.01.2025, the said extension order granted was received by the applicant only recently, the question of granting extension for the Receiver to execute the warrant of commission does https://www.mhc.tn.gov.in/judis 1/2

ABDUL QUDDHOSE,J.

vga not arise since admittedly, the vehicle is yet to be located and since earlier request seeking for extension of time was already granted by this Court. 3.No useful purpose will be served if this application is allowed to be kept pending that too when the vehicle is not located. 4.Accordingly, this application is closed since the applicant has been unable to re-possess the vehicle despite this Court's order passed as early as on 04.10.2024 and despite this Court having granted several extensions for executing the warrant of commission.

5.Liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner once the vehicle is located by the applicant.

03.03.2025 vga Arb.Appln. No.645 of 2024 https://www.mhc.tn.gov.in/judis 2/2