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Madras High CourtArb Appln/879/2024withdrawn dismissed

Tata Capital Ltd v. Mr.Ram Swaroop Yadav

2025-03-04Honourable Mr Justice Abdul Quddhose2 pages

Arb Appln NO. 879 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 879 of 2024 Tata Capital Ltd TATA CAPITAL LTD By its Legal Manager D.Kalai Arasan Having its office at 1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 Appellant(s) Vs Mr.Ram Swaroop YAdav Gochar Ki Dhani, Baga K a Bass Alisar, Jaipur 303 801.TATA CAPITAL LTD By its Legal Manager D.Kalai Arasan Having its office at 1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 024 ..Respondent(s) For Applicant(s): Mr.N.K.Vanan 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 vehicle from the respondent, the said Receiver is yet to repossess the vehicle. This Court had already granted extension of time on 21.01.2025 to comply with the earlier order dated 17.12.2024. However, till date, the Receiver could not repossess the vehicle as the vehicle is not traceable.

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

ABDUL QUDDHOSE,J.

3. 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 vehicle from the respondent cannot be granted, since the said receiver will not be a neutral person.

4. Learned counsel for the applicant would now seek permission to withdraw this application. However, he seeks liberty to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the vehicle from the respondent in the place of a Receiver, if need arises.

5. Accordingly, this Application is dismissed as withdrawn. Liberty as sought for by the applicant is granted.

04-03-2025 vsi To

1. Mr.Ram Swaroop YAdav Gochar Ki Dhani, Baga K a Bass Alisar, Jaipur 303 801.TATA CAPITAL LTD By its Legal Manager D.Kalai Arasan Having its office at 1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 024 Arb Appln No. 879 of 2024 https://www.mhc.tn.gov.in/judis