Shriram Transport Finance Co Limited v. Karunanithy V.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2020

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR A.No.9087 of 2018 M/s. Shriram Transport Finance Co. Limited, represented by its Authorised Signatory and Executive Mr.S.Varadhan, S/o.Mr.P.M.Seethapathy, having its Registered Office at Mookambika Complex, III Floor, No.4, Lady Desika Road, Mylapore, Chennai 600 004 .. Applicant -vs1. Mr.V.Karunanithy No.8, Rajiv Gandhi Nagar, 1st Street, Pammal, Near Pillayar Koil, Kanchipurama - 600 075.

2. Mrs.V.K.Selvi No.5B, B-Block, S S Associates, Thiruneer Malai Main Road, Pammal, Kanchipuram- 600 075.

.. Respondents Prayer: Petition filed under Order XIV Rule 8 of O.S. Rules read with Section 9 (ii) (b) and (e) of the Arbitration & Conciliation Act, 1996 praying to appoint an Advocate Commissioner with direction to seize the schedule mentioned vehicle which is lying under the custody of the respondents or their men, agents,servants or anyone claiming under them from the premises of 1st respondent at No.8, Rajiv Gandhi Nagar, 1st Street,

Near Pillayar Koil, Pammal, Kancheepuram, 600 075, or at any other place where the scheduled asset is found with the police aid and by breaking open locks if necessary and to take the same into his/her custody and sell the same at fair market price.

For applicant: Mrs. Subhashini Suresh

O R D E R

This application is filed for appointment of an Advocate Commissioner to seize the schedule mentioned vehicle from the respondents or at any other place where the scheduled asset is found, with police aid and by breaking open locks, if necessary and to sell the same at fair market price.

2.Today when the matter is taken up for hearing, learned Advocate Commissioner Mrs.Apoorva S.Vinjamur, through video conferencing, would submit that she was appointed as an Advocate Commissioner during January 2019 itself and she has taken necessary steps to serve the copy of the warrant to the applicant, however, there is no response received from them till now.

3. Having regard to the facts, since the applicant has not taken any steps to enforce the order of this Court, this petition is dismissed. Sd/.N.S.K.J.

07.07.2020 //Certified to be a true copy// Dated this the th day of 2020. su.28.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.