Cholamandalam Investment And Finance Co Ltd v. Umesh Tanaji Shedge
DATED: 01-12-2025
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH 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 Nanaji Tuljiram Kambale Respondent(s) PRAYER To appoint employee of the Applicant viz Mr.DADASO ASHOK PATIL, AREA RECEIVABLES MANAGER as Receiver to seize and take possession of the vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondents, men, agents, servants from respondent premises or wherever found with police aid and break open of premises if necessary.
For Applicant(s):
Mr.D.Pradeep Kumar
ORDER
This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for appointment of a Receiver to seize the subject vehicle in the custody of the respondent or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicant.
N. ANAND VENKATESH, J.
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2. When the application came up for hearing on 03.11.2025, this Court, on carefully going through the averments made in the affidavit filed in support of the application, thought it fit to order notice to the respondents to ascertain as to whether the respondents will be willing to settle the dispute.
3. When the matter was taken up for hearing today, affidavit of service has been filed and it is seen that the private notice sent to the respondents has been duly served. Though the respondents have been served, there is no appearance either in person or through counsel. The whereabouts of the construction equipment is also not known. Hence the apprehension of the applicant that the respondents are attempting to secret the construction equipment is prima facie established.
4. In view of the above, Mr.Dadaso Ashok Patil, Area Receivables Manager, is appointed as Receiver for seizing the subject vehicle from the
respondents or wherever it is found and by breaking open the premises, if required, with police aid.
5. This application is disposed of in the above terms. gya 01-12-2025 To Nanaji Tuljiram Kambale S/o.Tuljiram Mahadeo Kamble S No.50 32A Gadar Ali Bhairoba Pyata Samdhicha Mal Satara, Pune Maharashtra 415 002