Cholamandalam Investment And Finance Co Ltd v. Shafas Ka
Arb Appln No. 749 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-03-2025
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 749 of 2024 Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Appellant(s) Vs Shafas KA S/oAboobacker, Kakkatt House, Jarappadi, Mannam, Paravur, Ernakulam, Kerala 683 520.Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Respondent(s) For Appellant(s): Mr.D.Pradeep Kumar 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.
3. The learned counsel for the applicant would submit that the vehicle has ABDUL QUDDHOSE,J.
not been located and only due to the said reason, the Receiver could not repossess the vehicle.
4. 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.
5. No useful purpose will be served if this application is allowed to be kept pending. Therefore, this Application is closed. However, liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the vehicle from the respondent once the vehicle is located.
04-03-2025 vsi To
1. Shafas KA S/oAboobacker, Kakkatt House, Jarappadi, Mannam, Paravur, Ernakulam, Kerala 683 520.Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai
Arb Appln No.749 of 2024