Tata Capital Ltd v. Biju K

Arb Appln NO. 742 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 742 of 2024 Tata Capital Ltd 1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 024 Appellant(s) Vs Biju K Elanjikkal Thazhava PO PV North Thodiyoor, Kollam 690 523.1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 024 Respondent(s) For Applicant(s): Mr.N.K.Vanan For Respondent(s):

O R D E R

This application has been filed seeking for appointment of the applicant's own employee as a Receiver.

2. Though this Court had earlier appointed the applicant's own employee as a Receiver to repossess the vehicle from the respondent, the said Receiver is yet to repossess the vehicle. This Court had already granted extension of time on 10.12.2024 & 21.01.2025 to comply with the earlier order dated 29.10.2024. However, till date, the Receiver could not repossess the vehicle as the vehicle is https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE,J.

not traceable.

3. I have already made it clear in my previous orders that the question of appointing the applicant's own employee as a Receiver for the purpose of repossessing the vehicle from the respondent cannot be granted, since the said receiver will not be a neutral person.

4. Learned counsel for the applicant would now seek permission to withdraw this application. However, he seeks liberty to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the vehicle from the respondent in the place of a Receiver, if need arises.

5. Accordingly, this Application is dismissed as withdrawn. Liberty as sought for by the applicant is granted.

04-03-2025 vsi To

1. Shajahan M Kottoor Kizhakketharayil, Puliyarvanchi South, Edakkulangara PO Kollam 690 523.1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 Arb Appln No. 742 of 2024 https://www.mhc.tn.gov.in/judis