Cholamandalam Investment And Finance Co Ltd v. Om Namassivaya Xerox

Arb Appln No. 855 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 855 of 2024 Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Applicant(s) Vs Om Namassivaya Xerox Prop.Mr.K.Chittibabu, 48-5-40, Vegetable Market Road, Srinagar, Visakhapatnam, Andhra Pradesh 530 016.Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai and 2 Others Respondent(s) For Applicant(s): Mr.D.Pradeep Kumar For Respondent(s):

O R D E R

This Court has already expressed its view that an applicant cannot seek for appointment of its own employee as a receiver to repossess the vehicle. It is also to be noticed that till date, the receiver appointed by this Court earlier has not repossessed the vehicle. Once again, an extension is sought for by the applicant for the receiver to execute the warrant of commission.

2. Since this Court is not inclined to appoint a receiver and since the vehicle

is yet to be located, no useful purpose will be served if this Application is allowed to be kept pending. Accordingly, this Application is closed. However, liberty is granted for the applicant to file a fresh application seeking for appointment of an Advocate Commissioner in the place of a Receiver to repossess the vehicle from the respondent or wherever available.

03-03-2025 vsi To

1. Om Namassivaya Xerox Prop.Mr.K.Chittibabu, 48-5-40, Vegetable Market Road, Srinagar, Visakhapatnam, Andhra Pradesh 530 016.Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai

2. K Chittibabu No. 14-33-20, (14-31-3) Kolluru Mansions, Opp. KGH Clock Tower, Maharanipeta, Visakhapatnam

3. Kuchrlapati Harathi No. 14-33-20, (14-31-3) Kolluru Mansions, Opp. KGH Clock Tower, Maharanipeta, Visakhapatnam

ABDUL QUDDHOSE,J.

vsi Arb Appln No.855 of 2024 03.03.2025