Axis Bank Limited v. Jayakumar Kamalan Baby

Arb Appln No. 861 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 861 of 2024 Axis Bank Limited 2nd Floor Door No 31 Old No 14 South Mada Street Mylapore Appellant(s) Vs Jayakumar Kamalan Baby 2nd Floor Door No 31 Old No 14 South Mada Street MylaporeNo.179, A Kavuvilai Veedu Koodaloor, Konam, Vilavancode, Kannumamoodu, Kanyakumari Tamil Nadu 629 170 also at Vestige Marketing Pvt Ltd Aryanad, Thiruvananthapuram, Kerala 695 542.

Respondent(s) For Applicant(s): Mr.Ra.Sivadhara Adiyaman for M/s.O M Gujar Law Chambers For Respondent(s):

O R D E R

This Court, as early as on 12.12.2024, appointed an Advocate Commissioner to repossess the vehicle. An extension has also been obtained by the applicant on 20.01.2025 seeking extension of time for the Advocate Commissioner to repossess the vehicle. Despite such extension having been granted by this Court, till date, the Advocate Commissioner has not been able to

repossess the vehicle, since the vehicle could not be located.

2. Since Sufficient time has been granted for the Advocate Commissioner to repossess the vehicle, no useful purpose will be served, if this application is allowed to be kept pending. Accordingly, this Application is closed. However, liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner once again, if the vehicle is located. While considering the fresh application, this Court shall consider retaining the very same Advocate Commissioner appointed in this application since the applicant has already paid the initial remuneration to the said Advocate Commissioner.

03-03-2025 vsi To

1. Nitesh Baliram Malunge Janwal Thane Lonad, Maharashtra, 421 302, Thane Maharashtra 421 303 Also at B B Malunge Enterprises Own, House at Janwal Pise, Dam Road, Post Lonad Tal Bhiwandi, Thane, Maharashtra 421 303.2nd FLOOR DOOR NO 31 OLD NO 14 SOUTH MADA STREET MYLAPORE CHENNAI

ABDUL QUDDHOSE,J.

vsi Arb Appln No.861 of 2024 03.03.2025