Madras High CourtA/9356/2018disposed of

Cholamandalam Investment And Finance Co., Ltd v. Haneefa A V S/O.Moideenkutty

2019-03-14Honourable Mr Justice R. Suresh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 14TH DAY OF MARCH 2019 THE HON'BLE MR JUSTICE R.SURESH KUMAR A. NO.9356 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.Haneefa AV arising under Loan Agreement No.XVFPTSR00001758381 Dated 25.08.2016 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.Haneefa A V, S/o.Moideenkutty, Ambalath Veettil House, Chavakkad PO, Thrissur, Thekkanchery, Kerala 680506

...Respondent

Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz. Mr. Jomon C T, Sr.Legal Executive 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 his men, agents, servants from respondent premises or wherever found with police aid and break open of premises if necessary.

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This Application coming on this day before this court for hearing the court made the following order: This Court by order, dated 05.12.2018 appointed the employee of the applicant, viz., Mr.Jomon C.T, Sr. Legal Executive as Receiver to seize the vehicle in question and handed over to the applicant company. Accordingly, as submitted by the learned counsel appearing for the applicant, the vehicle in question has been seized by the Receiver and handed over to the applicant company. The learned counsel appearing for the applicant would further submit that, pursuant to the notice ordered by this Court, private notice has been sent to the respondent, which has been duly served on him and the postal acknowledgment in this regard has been filed as proof of service.

2. The said submission made by the learned counsel appearing for the applicant is hereby recorded.

3. Since the warrant has been executed and the vehicle has been handed over to the applicant, no further order is required to be passed in this application. Accordingly, this application is closed.

sd./- R.S.K.J.

14.03.2019 //Certified to be true copy// Dated at Madras this the day of 2019. TE/16.05.2019 COURT OFFICER (O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this https://hcservices.ecourts.gov.in/hcservices/ format.