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Madras High CourtA/10287/2018closed

Cholamandalam Investment And Finance Co., Ltd v. Jisa Mo W/O.Francis

2019-03-27Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY THE 27TH DAY OF MARCH 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR A. No.10287 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.Jisa Mo arising under Loan Agreement No.XVFPKLP00002307616 Dated 28.02.2018.

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 Vs.

Mr.Jisa Mo W/o.Francis Marottiyankil (H), Podhuketty PO., Wayanad, Ambalavayal, Kerala - 673591 :Respondent Application praying that this Hon'ble Court be pleased to appoint employee of the Applicant viz. Mr.Sabu K., 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 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 and the court made the following order:

Pursuant to the order passed by this Court, dated 03.01.2019, whereby the Receiver has been appointed and the Receiver has also executed the warrant and seized the vehicle in question and handed over the same to the applicant company, which is acknowledged by the learned counsel appearing for the applicant.

2. Subsequently the notice sent to the respondent was returned as unclaimed and in this regard proof of service has been filed by the learned counsel for the applicant before this Court. As the notice was returned as unclaimed, it should be construed as completion of service.

3. Since the Receiver has completed the task and the vehicle in question has been seized and handed over to the applicant, no further order is required to be passed in this application.

Accordingly, by recording the aforesaid development, this application is closed.

Sd./- R.S.K.J.

27.03.2019 //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) TE/14/05/2019 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this

format.