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Madras High CourtA/9484/2019closed

Tvs Credit Services Ltd. v. Rikesh Dusasan

2020-10-01Honourable Mr Justice N. Sathish Kumar2 pages

Application.No.9484 of 2019 Application.No.9484 of 2019 N.SATHISH KUMAR, J., This application has been filed to appoint a receiver namely Mr.Ravi Pratap of the applicant to seize and deliver the vehicle EIC333 bearing Registration No.UP79V9959 Chassis No.925014198428 Engine No.S324E290880 available at the respondent's premises or wherever found and permit the receiver namely Mr.Ravi Pratap of the applicant to obtain police aid and to break open the premises.

2. It is the case of the applicant that as per the loan agreement dated 30.04.2017, the respondent has availed a sum of Rs.3,85,000/-. 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. http://www.judis.nic.in Page No.1/2

Application.No.9484 of 2019 N.SATHISH KUMAR, J.,

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.Ravi Pratap, of the applicant company is appointed as a receiver to seize the vehicle covered under the contract. This 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.

01.10.2020 msv A.No.9484 of 2019 http://www.judis.nic.in Page No.2/2