Profectus Capital Private Limited Rep By Its Authorised Signatory Mr A Johnson v. M/S.Kalaivaranam Printers

Arb Appln No. 805 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 805 of 2024 Profectus Capital Private Limited REP BY ITS AUTHORISED SIGNATORY MR A JOHNSON Office K 3rd Floor Shakti Towers Phase II No 766 Anna Salai Chennai 600002 Appellant(s) Vs M/S.Kalaivaranam Printers Proprietor Mr.Logathasan S.Building No.27(4) Third Street, Chellam Nagar, Tamil Nadu 641 604., Also at House no.3(1) Chellam Nagar, 3rd Street, Murugampalayam, Tiruppur, Tamil Nadu 641 687.Office K 3rd Floor Shakti Towers Phase II No 766 Anna Salai Chennai 600002 Respondent(s) For Appellant(s): Mr.V.Balasubramani For Respondent(s):

O R D E R

This application has been filed seeking for appointment of the applicant's own employee as a Receiver.

2. Though this Court had earlier appointed the applicant's own employee as a Receiver to repossess the machinery and equipments from the respondent, the said Receiver is yet to repossess the machinery and equipments. This Court had already granted extension of time on 10.01.2025 & 10.02.2025 to comply with the earlier order dated 29.11.2024.

https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE,J.

3. The learned counsel for the applicant would submit that the machinery and equipments have not been located and only due to the said reason, the Receiver could not repossess the machinery and equipments.

4. I have already made it clear in my previous orders that the question of appointing the applicant's own employee as a Receiver for the purpose of repossessing the machinery and equipments from the respondent cannot be granted, since the said receiver will not be a neutral person.

5. No useful purpose will be served if this application is allowed to be kept pending. Therefore, this Application is closed. However, liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the machinery and equipments from the respondent once the machinery and equipments are located. 04-03-2025 vsi To

1. M/S.Kalaivaranam Printers Proprietor Mr.Logathasan S.Building No.27(4) Third Street, Chellam Nagar, Tamil Nadu 641 604., Also at House No.3(1) Chellam Nagar, 3rd Street, Murugampalayam, Tiruppur, Tamil Nadu 641 687.Office K 3rd Floor Shakti Towers Phase II No 766 Anna Salai Chennai 600002 Arb Appln No.805 of 2024 https://www.mhc.tn.gov.in/judis