Kamal Translink Private Limited v. Indusind Bank Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Kamal Translink Private Limited, Having registered office at 0, Jetalpur Sevasahakari Mandli, Beside HP Petrol, Pump, Jetalpur, Ahmedabad - 382 426.
... Applicant in all applications Vs.
Indusind Bank Ltd., Consumer Finance Division Office, Having office at No.34, G.N.Chetty Road, T.Nagar, Chennai - 600 017.
... Respondent in all applications Prayer in O.A.No.763 of 2022: The Original Application has been filed under Section 9(ii)(a) of Arbitration and Conciliation Act, 1996, to grant an order of interim injunction restraining the respondent and his agents, men, servants or any person claiming through him from selling the seized vehicles bearing registration No.NL-01-L-9142 belonging to the applicant under Loan Agreement No.Kamal Translink Pvt., Ltd., NL 01 L 9142 GUS00222D Bank 19-20 between the applicant and respondent and thus render justice.
Prayer in O.A.No.764 of 2022: The Original Application has been filed under Section 9(ii)(a) of Arbitration and Conciliation Act, 1996, to grant an order of interim injunction restraining the respondent and his agents, men, servants or any person claiming through him from selling the seized vehicles bearing registration No.NL-01-L-1927 belonging to the applicant under Loan Agreement No.Kamal Translink Pvt., Ltd., NL 01 L 1927 GUS00219D Bank 19-20 between the applicant and respondent and thus render justice. Prayer in O.A.No.765 of 2022: The Original Application has been filed under Section 9(ii)(a) of Arbitration and Conciliation Act, 1996, to grant an order of interim injunction restraining the respondent and his agents, men, servants or any person claiming through him from selling the seized vehicles bearing registration No.
NL-01-L-9143 belonging to the applicant under Loan Agreement No.Kamal Translink Pvt., Ltd., NL 01 L 9143 GUS00223D Bank 19-20 between the applicant and respondent and thus render justice. (In all applications) For Applicant : No appearance For Respondent : Mr.K.Moorthy - - - - - COMMON ORDER When the matter came up for hearing on 20.03.
" The learned counsel for the applicant submits that he has not received any instructions for his client. In this regard he has also sent a letter to the applicant.
Print the name of the applicant and post the matter on 03.04.2023."
2. Today, the learned counsel for the applicant filed a memo stating that they have been trying to contact the applicant for the past three weeks to get instructions in this regard. However, the applicant not responded to their calls. Further, they have sent a letter vide SPAD on 18.03.2023 in the same regard. Since the letter has been delivered to the applicant and yet they have not received any instructions from the applicant. Hence, they have withdrawn their vakalat.
3. As per the direction of this Court dated 20.03.2023, Registry has also printed the name of the applicant. When the matter is taken up for hearing today, none appeared on behalf of the applicant either in person or represented by any counsel.
4. Hence, this Court is of the view that the applicant is not interested to prosecute the case further. Hence, all the original applications stand dismissed for "non-prosecution". There shall be no order as to costs. 03.04.2023 ata KRISHNAN RAMASAMY, J.
ata 03.04.2023