M/S.Cholamandalam Investment And Finace Company Limited v. Shyam Sundar Sharma

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.9385 of 2019 M/s.Cholamandalam Investment & Finance Co. Ltd., Represented by its Authorised Signatory "Parry House", No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001.

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Applicant versus Shyam Sundar Sharma ...

Respondent Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(a)(b)(c)(d)&(e) of the Arbitration and Conciliation Act, 1996, to appoint the employee of the applicant viz. Mr.Bhawani Shankar Branch Legal Manager, to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondent's men, servants, agents, from his premises at Shahpur, Kathiar, Dangal, Kathiar District, Bihar - 854 317 or wherever found with the police aid and break open of premises, if necessary. For Applicant : Mr.S.Shahul Hameed

O R D E R

This application has been filed to appoint the employee of the 1/3

applicant viz. Mr.Bhawani Shankar Branch Legal Manager, to seize and take possession of the vehicle, which is morefully described in the schedule to the Judges Summons, which is lying in the custody of respondent's men, servants, agents, from his premises at Shahpur, Kathiar, Dangal, Kathiar District, Bihar - 854 317 or wherever found with the police aid and break open of premises, if necessary.

2. The respondent availed of finance facilities pursuant to Loan Agreement No.XVFPKRK00002268124 dated 31.01.2018, for a sum of Rs.8,00,000/- towards purchase of a vehicle. It is also submitted by the learned counsel for the applicant through video conferencing that arbitration proceedings have concluded and an award has been passed in its favour on 25.02.2019. As of 19.11.2019, the respondent is liable to pay a sum of Rs.6,71,568.57, together with interest.

3. In such view of the matter, it is open to the applicant to enforce the award as per law and hence, this application stands closed. 21.08.2020 sri 2/3

N.SATHISH KUMAR, J.

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