M/S.Mahaveer Finance India Limited v. Mrs.D.Neela And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2020 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.8847 of 2019 M/s.Mahaveer Finance India Limited, Rep. by its Authorised Signatory Mr.C.Gopinath K.G.Plaza, 41-44, 3rd Floor, General Patters Road, Chennai - 600 002.
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Applicant versus
1. Mrs.D.Neela, W/o.Dhanasekaran
2. Mr.S.Dhanasekaran, S/o.Solaiyappan both residing at No.25, Ezhil Nagar, 3rd Street,Keeranur, Kulathur Tk, Pudukottai - 622 502.
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respondents Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii) (d) of the Arbitration and Conciliation Act, 1996, to appoint Mr.S.Muthupattaraja, Manager (Legal), Chennai of the applicant company as receiver to seize the vehicle more particularly described in the schedule to judges summon wherever stationed in the premises of the respondents or wherever it is found and with whomsoever it found with power to breadwon the premises and grant permission to the receiver to obtain police aid from the concerned police officer.
For Applicant : Mr.N.Balaji 1/4
O R D E R
This application has been filed for interim measure for appointing a receiver to seize the vehicle.
2. It is the case of the applicant that as per the loan agreement dated 27.03.2018, the respondent has availed a sum of Rs.6,75,000/-. As the respondent committed default, it is the contention of the respondent that unless a receiver is appointed to take charge of the vehicle, there will be irreparable injury and the vehicle will be sold by the other side. Hence, it is prayed for appointment of a receiver.
3. In such view of the matter, if the vehicle is allowed to be sold by the respondent, the very right of the applicant will be defeated.
4. Taking into consideration that the applicant has made out a prima facie case and balance of convenience is in favour of the applicant, Mr.S.Muthupattaraja, Manager (Legal), Chennai of the applicant company is appointed as a receiver to seize the vehicle covered under the contract. This 2/4
Order shall operate only for a period of three weeks from the date of receipt of a copy of this Order.
5. The receiver will be entitled to take possession of the vehicle from the respondent or his agents or any one in possession thereof. If necessary, the Receiver shall get police assistance and the Station House Officer of the concerned Police Station, within whose jurisdiction the vehicle is found, will render requisite assistance for this purpose.
6. This Order of appointment shall be served on the respondent by the applicant before the receiver takes any action on the basis of this Order.
7. Accordingly, this application is closed.
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N.SATHISH KUMAR, J.
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