Ford Credit India Pvt Ltd v. Sh.Rajesh Pherwani

/ 1 /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.A.No.1195 of 2018 In the matter of Arbitration Clause in Clause 26.1 under Retail Vehicle Financing Agreement dated 09.12.2015 entered between Applicant Company and The Respondent Ford Credit India Pvt. Ltd.

A Company incorporated and registered under the Companies Act, 1956 Having its registered office at:

S.P.Koil Post, Chengalpattu, Chennai Kancheepuram, Tamil Nadu - 603 204.

And Branch Office at :

5th Floor, 3B Campus, RMZ Millenia, Dr. MGR Road, Perungudi, Chennai - 600 096, Tamil Nadu through its Authorised representative :

Sh.L.ManikantanIyer ... Applicant Vs.

/ 2 / Sh.Rajesh Pherwani, D-14, 2nd Floor, Kirti Nagar, New Delhi-110015 ..Respondent Original Application praying that this Hon'ble Court be pleased to restrain the Respondents by way of an ad interim ex - parte order from selling, alienating transferring disposing off or dealing in any manner with the Commercial vehicle make Ford Eco Sport having Chassis No.MAJAXXMRKAFJ09437 and in possession of the Respondents financed through the Agreement and/or causing any kind of damage thereto till the force disposal of the arbitration proceedings. This Original Application coming on this day before this court for hearing the court made the following order: Instant Original Application has been filed to restrain the respondents by way of an ad interim ex parte order from selling, alienating transferring disposing off or dealing in any manner with the commercial vehicle make Ford Eco Sport having Chassis No.MAJAXXMRKAFJ09437 and in possession of the respondents financed through the Agreement and/or causing any kind of damage thereto till the force disposal of the arbitration proceedings.

2. Today, when the matter is taken up for hearing through Video Conferencing, Mr.Ram Prasad, learned counsel appearing for the applicant

/ 3 / submits that they are unable to locate the vehicle and hence seeks permission of this Court to withdraw the Original Application.

3. In view of the submission made by the learned counsel appearing for the applicant, instant Original Application is dismissed as withdrawn.

Sd/.N.S.K.J.

30.09.2020 //Certified to be a true copy// Dated this the day of 2020. SU/09.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.