M/S.Indusind Bank Ltd v. K.Seenivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2020 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Application No.8323 of 2017 M/s.IndusInd Bank Ltd., Rep. by its Chief Manager - Legal, A.Ganesh Kumar, having office at No.115 & 116, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

... Applicant Vs.

K.Seenivasan ... Respondent PRAYER : Application filed under Order XIV Rule 8 of O.S.Rules r/w. Section 9 (ii)(a)(b)(d) & (e) of the Arbitration and Conciliation Act, 1996, to order appointment of K.Chandra Kumar, S/o. Kamatchi, Deputy Managerlegal, Ramanathapuram Branch, Employee No.R13083, as receiver to seize and deliver the Piaggio Ape Xtra Passenger 436CC bearing chassis No.MBX0000ZFTF100204, Engine No.R5E2649695 and Registration No.TN 57AM8565 to the custody of the applicant, available at the respondent's premises, or wherever found and with whomsoever it is found and permit the receiver Mr.K.Chandra Kumar to obtain police aid and to break open the premises.

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For Applicant :

M/s.Meera Gnanasekar (No appearance)

O R D E R

This Court, by order dated 18.12.2017, had appointed one K.Chandra Kumar, as receiver to take custody of the vehicle, viz., Piaggio Ape Xtra Passenger 436CC bearing chassis No.MBX0000ZFTF100204, Engine No.R5E2649695 and Registration No.TN-57AM8565, on condition that the applicant shall commence arbitration proceedings within a period of six weeks from the date of receipt of a copy of that order and produce proof of the same, failing which, the order would stand automatically revoked. 2.However, today, when the matter was taken up for hearing through video conferencing, there was no representation on behalf of the applicant and no material whatsoever is available on record to show the initiation of arbitration proceedings as ordered by this Court. Page 2/4

In such view of the matter, this application stands closed. 28.07.2020 mkn Internet : Yes Index : Yes/ No Speaking order / Nonspeaking order Page 3/4

N. SATHISH KUMAR, J.

mkn Application No.8323 of 2017 28.07.2020 Page 4/4