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2025 DAILYLAW 48046 (MAD)

M/s Cholamandalam Investment and Finance Co Ltd Represented by its Authorized Signatory Mr D Arjun v. PRINT ADS PRINTERS

Arb Appln/571/2025 · 2025-07-07

Abdul Quddhose

Transfer Petitionbody2025

Judgment text

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Arbitration Application No. 571 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.07.2025 CORAM THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE Arbitration Application No. 571 of 2025 M/s.Cholamandalam Investment and Finance Company Limited Registered Office at 'Chola Crest' C54 & 55, Super B-4, Thiru Vi Ka Industrial Estate Guindy, Chennai-600032 Represented by its Authorised Signatory Mr.D.Arjun … Applicant Vs. 1.M/s.Print Ads Printers No.11-6-865, Mehboob Residency Cellar Lakadi Ka Pool, Red Hills Hyderabad – 500004. 2. Mohammed Feroz 3. Ruqaiya Sultana …Respondents PRAYER: Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(ii)(d) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointing an advocate commissioner to seize and deliver the assets as detailed in schedule hereunder is available at respondent's premises or wherever https://www.mhc.tn.gov.in/judis Arbitration Application No. 571 of 2025 found and permit the advocate commissioner to obtain police aid and to break open the premises and hand over the same to the applicant. S. No. Asset Manufactu rer No. of Units Invoice Value INR Total Margin INR Total Finance Amount INR 1. One used Komori Lithrone Four Colour Offset Printing Machine Equipped with Komarimatic dampering, PQC, Cooking, Auto Place, Hard Chrome Cylinder Model : 426, Year - 1997 KOMORI 1 82,60,000/- 32,60,000/- 50,00,000/- Life Insurance 32,274/- Machine Insurance 23,451/- Total 82,60,000/- 32,60,000/- 50,55,725/- For Applicant : Ms.K.Indumathi O R D E R Till date the Advocate Commissioner has not repossessed the vehicle /equipment. No useful purpose will be served, if this application is allowed to be kept pending. Page 2 of 4 https://www.mhc.tn.gov.in/judis Arbitration Application No. 571 of 2025 2. Therefore, the learned counsel for the applicant seeks liberty for the applicant to file a fresh application seeking for the very same relief whenever the vehicle /equipment is located. 3.Accordingly, this application is closed. However, liberty is granted to the applicant to file fresh applications seeking for appointment of an Advocate Commissioner once the vehicle /equipment is located. While considering the fresh application, this Court shall consider retaining the very same Advocate Commissioner, who was appointed in this application, since the applicant has already paid the initial remuneration to the Advocate Commissioner in this application. 07.07.2025 Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No Maya https://www.mhc.tn.gov.in/judis Arbitration Application No. 571 of 2025 ABDUL QUDDHOSE, J. Maya Arbitration Application No. 571 of 2025 Dated : 07.07.2025 https://www.mhc.tn.gov.in/judis