M/S India Infoline Finance Ltd v. Saktal Loigistics P Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2020 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A.No.8133 of 2017 M/s India Infoline Finance Limited, No.1, Masilamani Street, Pondy Bazzar, T.Nagar, Chennai 600 017, Rep.by its authorized representative, B.Kavitha ... Applicant Vs.

1. Satkar Logistics Private Limited, Rep.by its Partner Mr.Jayesh G., C/o F-1/2 First Floor, Okhla Industrial Area Phase-1, Newdelhi 110020.

2. Aman Preet Singh Bawa ... Respondents PRAYER: This application is filed under Order XIV Rule 8 of the Madras High Court O.S Rules and Section 9(ii) (a)((d) & (e) of the Arbitration and Conciliation Act 1996, to appoint Mr. Mahendra Rajput, working as a Manager in the applicant company as a receiver to seize and deliver the vehicle viz, ASHOK LEYLAND MULTI AXLE (TRAILER), bearing engine No.633202, Chassis No.BJAPC0655 and Registration No.HR55K 9269, available at the respondent's premises or wherever found and permit the receiver to obtain police aid and to break open of premises.

N.SATHISH KUMAR, J.

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ORDER

This application has been filed seeking appointment of a receiver to seize the vehicle, which was purchased under the loan agreement.

2. This court by an order dated 12.12.2017, has appointed a receiver to take custody of the vehicle on condition that the applicant shall initiate the arbitration proceedings within a period of six weeks from the date of receipt of the copy of the order, failing which, the order made in this application would stand revoked, without further orders. However, there is no representation from the applicant as to whether the arbitration proceedings are initiated or not and no materials available for the same.

3. In such view of the matter, this application stands dismissed. No costs.

28.07.2020 Index : Yes / No Internet : Yes Speaking/Non Speaking order mst