Madras High CourtA/8496/2018closed

Cholamandalam Investment And Finance Co Ltd v. Major Singh,

2019-02-14Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 14th DAY OF FEBRUARY 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR A. No.8496 of 2018 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of the dispute between M/s Cholamandalam Investment and Finance Company Ltd. And Mr.Major Singh Arising under Loan Agreement No.XVFPMVF00001877119 Dated 17.01.2017.

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 -VersusMr.Major Singh, S/o Ram Singh, Vill - Laukha,TEH - Patti, Tarntaran, Punjab - 143415.

: Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz. Mr.Jaspal Singh, Branch 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 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 in the presence of Mr.D.Pradeep Kumar, Advocate for the applicant herein, and upon reading the Judge's

Summons and the affidavit of S.Sivasubramanian filed herein, it is ordered as follows:- That Mr.Jaspal Singh, Branch Receivables Manager, of the applicant company herein be and is hereby appointed as Receiver to seize and take possession of the vehicle morefully setout in the schedule hereunder.

2. That the notice of this application returnable by six weeks from this date i.e., on or before 28.03.2019 be served on the respondents herein and private notice is also be permitted.

3. That if need be, the Receiver appointed herein shall be entitled to get the assistance of police for the smooth execution of this order and if such request is made, the concerned jurisdiction police shall give or provide such necessary assistance to the receiver.

4. That A.No.8496 of 2018 do stand closed.

Schedule Ashok Leyland 3118 IL, bearing Engine No.PWPZ127820, Chassis No.MB1KADYC1FPWP2735 and registered as PB-46-M-9057. WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14th DAY OF FEBRUARY 2019. Sd/- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 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.

MU 22.02.2019 A.No.8496 of 2018 ORDER :

DATED :14.02.2019 THE HON'BLE MR.JUSTICE R.SURESH KUMAR FOR APPROVAL: 25.02.2019 APPROVED ON: 25.02.2019 Copy to:- Mr.Jaspal Singh, Branch Receivables Manager Receiver M/s. Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai - 600 001.