M/S Mercedes Benz Financial Services India Pvt Ltd v. Muhammed Hashiqe

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.02.2025

CORAM

THE HON'BLE Mr. JUSTICE ABDUL QUDDHOSE M/s. Mercedes -Benz Financial Services India Pvt. Ltd., (Formerly known as Daimler Financial Services Pvt. Ltd.,) Rep. by its Authorised Signatory Mr.Ra. Shivdhara Adhiyaman ... Applicant vs.

1. Muhammed Hashiqe and another ... Respondents For Applicant : Ms.Gowri Shankar

ORDER

The Advocate Commissioner has filed a report stating that the vehicle could not be located. The learned counsel for the petitioner seeks permission of this Court to withdraw this application. She has made an endorsement to that effect in the Court bundle.

2. Since the vehicle could not be located, no useful purpose would 1/3

be served, if this application is kept pending.

3. Recording the submissions made by the learned counsel for the applicant, this application is dismissed as withdrawn. However, liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the vehicle, once the vehicle is located. While considering the fresh application, this Court will consider appointing the very same Advocate Commissioner, who was appointed earlier by this Court in this application. This Court shall also consider adjusting the initial remuneration paid to the Advocate Commissioner in this application, while considering the payment of remuneration to the Advocate Commissioner, when this Court decides the fresh application.

24.02.2025 vsi2 ABDUL QUDDHOSE, J.

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