M/S Tata Capital Limited v. Rijesh R
Arb Appln NO. 764 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 764 of 2024 M/s Tata Capital Limited Tower A 11th Floor Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Appellant(s) Vs Rijesh R House No.CC 33 501 F Chathamkulam, Land Bts Road Elamakkara, Ernakulam, Landmark Bts Road, Ernakulam, Kerala 682 024.Tower A 11th Floor Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Respondent(s) For Applicant(s): Mr..M.Arunachalam Mr.S.Madhan Raj : Advocate Commissioner
ORDER
This Court, by its order dated 30.10.2024, appointed an Advocate Commissioner to repossess the vehicle from the respondent or wherever available. Till date, the Advocate Commissioner appointed by this Court is unable to repossess the vehicle. This Court had already granted extension of time on 12.12.2024 & 23.01.2025 to comply with the earlier order dated 30.10.2024.
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ABDUL QUDDHOSE,J.
2. The learned counsel for the applicant would submit that the vehicle has not been located and only due to the said reason, the Advocate Commissioner could not repossess the vehicle.
3. 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. Since the applicant had already paid the initial remuneration to the Advocate Commissioner, this Court shall consider retaining the very same Advocate Commissioner in the fresh application to be filed by the applicant once the vehicle is located. 06.03.2025 vsi To
1. Rijesh R House No.CC 33 501 F Chathamkulam, Land Bts Road Elamakkara, Ernakulam, Landmark Bts Road, Ernakulam, Kerala 682 024.Tower A 11th Floor Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Arb Appln No. 764 of 2024 2/2 https://www.mhc.tn.gov.in/judis