Cholamandalam Investment And Finance Company Limited v. Shiv Prasad Shivare
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY THE 9TH DAY OF APRIL 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR A. No.7583 of 2018 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s. Cholamandalam Investment and Finance Company Ltd., and Mr.Shiv Prasad Sivare Arising under Loan Agreement No.XVFPDAN00001456256 Dated 27.07.2015.
M/s. Cholamandalam Investment and Finance Company Limited 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai 600 001.
Represented by its Authorised Signatory : Applicant Vs.
Mr.Shiv Prasad Shivare S/o.Ramsharan Shivare Ward No.12, Dandewada, Geedam, Chhattisgarh - 494 441.
:Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz. Mr.Shrikumar Nair, Area Recovery Manager, as Receive to seize and take possession of the vehicle which is more fully described in the schdule to the Judges Summones which is lying in the custody of respondent or respondent's men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary. This application coming on this day before this court for hearing and the court made the following order: https://hcservices.ecourts.gov.in/hcservices/
"Pursunt to the order passed by this Court, dated 11.02.2019, whereby the Receiver has been appointed and the Receiver has also executed the warrant and seized the vehicle in question and handed over the same to the applicant company, which is acknowledge by the learned counsel appearing for the applicant.
2. In the meanwhile, the initial notice sent to the respondent has been served and subsequently at the time of appointing the Receiver further notice was ordered, which was also sent, however the same had been returned with the endorsement "Door locked".
3. Since the Receiver has completed the task and the vehicle in question has been seized and handed over to the applicant, no further order is required to be passed in this application.
Accordingly, by recording the aforesaid development, this applicant is closed".
Sd./- R.S.K.J.
09.04.2019 //Certified to be true copy// Dated at Madras this the 3rd day of May 2019. TE/03/05/2019 COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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