Cholamandalam Investment And Finance Co Ltd v. Shakmbhri Polymers
Arb Appln No. 887 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 887 of 2024 Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Appellant(s) Vs Shakmbhri Polymers Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, ChennaiProp Mr.Gauri Shankar Sharma, J-201, Sector 5, DSIDC Industrial Area, Bawana, NorthDelhi, Delhi 110 039. and 2 Others ..Respondent(s) For Applicant(s): Mr.D.Pradeep Kumar
ORDER
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 equipment from the respondent, the said Receiver is yet to repossess the equipment. This Court had already granted extension of time on 22.01.2025 to comply with the earlier order dated 18.12.2024.
3. The learned counsel for the applicant would submit that the equipment has not been located and only due to the said reason, the 1/2 https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE,J.
Receiver could not repossess the equipment.
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 equipment 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 equipment from the respondent once the equipment is located.
06.03.2025 vsi To To
1. Shakmbhri Polymers Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, ChennaiProp Mr.Gauri Shankar Sharma, J-201, Sector 5, DSIDC Industrial Area, Bawana, NorthDelhi, Delhi 110 039.
2. Gauri Shankar Sharma RZE 166, Gali No. 16 D, Vishwanath Mandir, Sadh Nagar, Palam Village, South West Delhi
3. Renu Sharma RZE 166, Gali No. 16 D, Vishwanath Mandir, Sadh Nagar, Palam Village, South West Delhi Arb.Appln No. 887 of 2024 2/2 https://www.mhc.tn.gov.in/judis