Madras High CourtA/8878/2019dismissed

Sundaram Finance Ltd v. Mr.P.Adhavan

2020-03-16Honourable Mr Justice N. Sathish Kumar2 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 16TH DAY OF MARCH 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.8878 of 2019 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Arbitration of the dispute between Sundaram Finance Limited and Mr.Adhavan, Loan Agreement No.L033400100, dated 27.09.2016.

SUNDARAM FINANCE LTD Rep.by its Senior Manager (Legal) Mr.S.Sornaraj, 21, Patullos Road, Chennai - 600 002.

..Applicant -vsMR.P.ADHAVAN S/o.Mr.k.Punniyamoorthy No.138, 8th Cross Arulanandammal Nagar, VOC Nagar, Thanjavur - 613 007 also at:

21/2A, Kalaimagal, Marungulam, Thanjavur-613 006.

..Respondent Application praying that this Hon'ble Court be pleased to pass an order of appointment of an Advocate Commissioner to seize and deliver the machinery morefully described (Schedule in the Judge's Summon) available at the Respondent premises of wherever found and with whomsoever it is https://hcservices.ecourts.gov.in/hcservices/ found and entrust the custody of the same to the applicant, and permit the

/ 2 / Advocate Commissioner to obtain Police aid and to break open the premises.

This Application coming on this day before this court for hearing the court made the following order:

This application has been filed for interim measures for appointing receiver to seize the vehicle.

2. When the matter is taken up today, the learned counsel for the applicant submitted that Award has been passed in this matter.

3. Despite the award has been passed in this mater, the same has not been enforced till date. Therefore, this Court is not inclined to pass any interim order.

4.In such view of the matter, it is also for the applicant to take appropriate steps to execute the award as per law.

5. With the above observation, this application is dismissed. Sd/.N.S.K.J.

16.03.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/28.05.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/