Tata Capital Ltd v. Tuticorin Container Warehouse

Arb Appln NO. 746 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 746 of 2024 Tata Capital Ltd 6A , Dr Ambedkar Salai, Kodambakkam , Appellant(s) Vs Tuticorin Container Warehouse 6A , Dr Ambedkar Salai, Kodambakkam ,62, 10th Street, Doovipuram, Thoothukudi 628 003.

Respondent(s) For Appellant(s): Mr.N.K.Vanan

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 Accordingly, this Application is dismissed as withdrawn.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. Tuticorin Container Warehouse 6A , Dr Ambedkar Salai, Kodambakkam ,62, 10th Street, Doovipuram, Thoothukudi 628 003.

Arb Appln No. 746 of 2024 https://www.mhc.tn.gov.in/judis