M/S.Cholamandalam v. Pradeep Kumar Sahu

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 11TH DAY OF JULY 2019 THE HON'BLE MS. JUSTICE PUSHPA SATHYANARAYANA A. No.8362 of 2017 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of disputes between M/s.Cholamandalam Investment and Finance Company Ltd. and Mr.Pradeep Kumar Sahu arising under Loan Agreement No.XVFPBLA00001566471 Dated 31.12.2015.

M/s.Cholamandalam Investment and Finance Company Limited, Represented by its Authorised Signatory, "Parry House", No.2, N.S.C.Bose Road, Parrys, Chennai - 1.

... Applicant -VersusPradeep Kumar Sahu, No.1048, Bhatapara Rajeev Nagar, Deobaloda, Ward 29, Bhilai Dhamdha, Durg, Chattisgarh - 490025.

... Respondent Application praying that this Hon'ble Court be pleased to appoint the employee of the Applicant viz., Mr.Vahid Khan, Sr. Area Receivable Manager more to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondents, men, servants, agents from his premises at 1048, Bhatapara, Rajeev Nagar, Deobaloda, Ward 29, Bhilai Dhamdha, Durg, Chattisgarh - 490025 or wherever found with the police aid and break open of premises if necessary.

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/ 2 / Schedule "Bolero Plus" bearing Engine No.GHF4M62124 and Chassis No.MA1WM2GHKF5M41186 and subsequently registered as CG-07-AZ-3308.

This Application coming on this day before this court for hearing the court made the following order: By order, dated 15.12.2017, this Court appointed viz., Mr.Vahid Khan, Sr. Area Receivable Manager, as Receiver to seize and possess the vehicle in question.

2. Pursuant to the warrant of commission issued by this Court to seize the vehicle, it is today represented by the learned counsel appearing for the applicant that the vehicle has been seized on 20.02.2018 and handed over to the applicant company by the Receiver.

3. Service has been completed on the respondent by way of paper of publication and an affidavit of service is also filed to that effect. Though the name of the respondent is printed in the cause list, there is no representation for him either in person or through counsel.

4. In view of the above, nothing further survives in this Application and the same stands closed. The parties are free to take such action, as they may desire hereafter, in accordance with law.

Sd/.P.S.N.J.

11.07.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/23.07.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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