Cholamandalam Investment And Finance Company Ltd v. Balu A V (Borrower)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 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

Versus

1. Mr.Balu A V (Borrower) S/o. Mr.Viswambaran K.A Assariparambil, Kummanam P.O, Kottayam, Kerala - 686 015.

2. Mr.Viswarambaran K.A (Co-borrower) S/o. Adikelan, Assariparambil, Kummanam P.O, Kottayam, Kerala - 686 015.

. . . Respondents PRAYER: Application filed under Order XIV Rule 8 of original side rules r/w.SEC 9(ii)(e) of the Arbitration and Conciliation Act, 1996, to appoint employee of the Applicant Viz. Mr.Ajayan K N, Sr. Legal 1/4

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 her premises or wherever found with Police aid and break open of premises if necessary.

For Applicant : Mr.V.Samuthira Vijayan For Mr.R.Thivitta Kumar For Respondents : No appearance

ORDER

By order dated 21.12.2018, this Court had appointed one Mr.S.Sukumar, learned Advocate as Advocate Commissioner to seize and possess the vehicle, which is morefully described in the schedule to the Judges Summons.

2. Today, when the matter was called, the learned counsel appearing for the applicant submitted that the vehicle could not be secured and sought for extension of time for execution of order by the Advocate Commissioner and submitted that further time of four weeks 2/4

may be granted to repossess the vehicle. Accordingly, time is extended finally for a period of four weeks from the date of receipt of a copy of this order, failing which the Order granting power to repossess the vehicle shall automatically stand cancelled.

3. With the above direction, the application is closed. 08.07.2020 Index : Yes/No Internet : Yes/No Speaking/Non Speaking dh 3/4

N.SATHISH KUMAR, J.

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