Madras High CourtA/9760/2019disposed of

Ford Credit India Pvt Ltd, Represented By Its Authorised Signatory Mr.Sreejith K, v. Hare Krishna Auto Private Limited, Rep.By Its Director Karan Jethanand Asrani, 46a-A, Mumbai

2020-01-06Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 06TH DAY OF JANUARY 2020 THE HON'BLE MR. JUSTICE M.SUNDAR A. No. 9760 of 2019 In the matter of the Arbitration and Conciliation Act, 1996 and In the matter of the Arbitration Agreement Dated 01.08.2017.

Ford Credit India Private Limited represented by its Authorised Signatory Mr.Sreejith K 4th Floor, 4B Campus, RMZ Millenia Dr.MGR Road, Perungudi Chennai-600 096 and registered office at S.P.Koil Post, Chengalpattu-603204.

Tamil Nadu.

:Applicant Vs.

1. Hare Krishna Auto Private Limited Rep by its Director, Karan Jethanand Asrani 46-A, Runwal Greens, R Gallrie, Tower No.3 Near Fortis Hospital Mulund Goregaon, Link Road, Nahur (W) Mumbai - 400 078.

2. Mr.Karan Jethanand Asrani 46-A, Runwal Greens, R Gallrie, Tower No.3 Near Fortis Hospital, Mulund Goregaon, Link Road, Nahur (W) Mumbai 400 078.

3. Mr.Jethanand Doulatram Asrani Landmark APT, Krishna Bungalow, 3, Louis Wadi, E.E.Highway, Thane (W) - 400 604.

: Respondents Application praying that this Hon'ble Court be pleased to appoint an advocate commissioner to repossess the https://hcservices.ecourts.gov.in/hcservices/ vehicles wherever found as described in the schedule to the

Judge's Summons, with police aid and break open the lock of the premises if found necessary, pending conclusion of the arbitration proceedings.

This Application coming on this day before this court for hearing the court made the following order: Read this in conjunction with and in continuation of the earlier order made by this Court on 20.12.2019.

2. Mr.C.Balaji, learned counsel on record for applicant submits on instruction that Arbitral Tribunal has since been constituted, arbitral proceedings have commenced and the same are underway, an application under section 17 of the Arbitration and Conciliation Act, 1996 (Act No. 26 of 1996), (hereinafter 'A and C Act' for the sake of brevity and clarity) has been taken out and an interim order dated 02.01.2020 has also since been passed by the Arbitral Tribunal. The proceedings of the Tribunal i.e., Minutes of the Arbitral Tribunal and the Order has been placed before this Court.

3. In the aforesaid scenario and owing to the aforesaid trajectory, this application is disposed of as closed recording the above facts.

Sd/.M.S.J.

06.01.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/08.01.2020 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/