The Chennai High Court disposed of an application under the Arbitration Act seeking appointment of a receiver. The respondent was dead, and the applicant could not bring legal heirs on record, resulting in the matter being closed with an open out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 14TH DAY OF NOVEMBER 2019
THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA
A. No.3691 of 2019
In the matter of Arbitration & Conciliation Act, 1996 and In the matter of disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and M/s. Shree Transport Co. Arising under Loan Agreement No.XVFPMEE00002410 809 Dated 22.05.2018. M/s.Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C.Bose Road, Parrys, Chennai-600 001 rep. by its Authorised Signatory ... Applicant -Versus-
M/s. Shree Transport Co. Proprietor Mr.Vipin Kumar Sharma Siddharth Market, Transport Nagar, Meerut, Uttar Pradesh - 250002. ... Respondent
Application praying that this Hon'ble Court be pleased to appoint employee of the applicant viz., Mr.Sandeep Kumar, Area Business Manager, as Receiver to seize and take possession of the vehicle, which is morefully 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 the court made the following order: https://hcservices.ecourts.gov.in/hcservices/ It is stated by the learned counsel for the applicant that the sole respondent is dead and he is unable to bring
2
the legal heirs of the deceased on record.
Sd/.P.S.N.J.
14.11.2019
//Certified to be a true copy//
Dated this the day of 2019.
SU/22.11.2019 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of
the Order/Judgment Decree in this format.
1 issue framed by the court
Whether the court can/can not appoint a receiver [sic] when the sole respondent is dead and brought legal heirs on record.
1 provisions across 1 enactments
M/s. Cholamandalam Investment and Finance Company Ltd.
M/s. Shree Transport Co.
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
