The applicant moved for an injunction to prevent removal of hypothecated machinery and filed a further application seeking an Advocate Commissioner to seize the equipment. The applicant voluntarily withdrew both applications without opposition.
Applications for injunction and appointment of Advocate Commissioner dismissed due to withdrawal.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 16TH DAY OF AUGUST 2019
THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA
A. No.5734 of 2017
In the matter of Arbitration And Conciliation Act, 1996 And In the matter of Dispute between M/s. L & T Finance Limited and Mr.Sabanna and another Loan cum Hypothecation Agreement bearing Deal No:1147286 (EFD016173R1300708081) dated 23.09.2013 M/s. L& T Finance Limited KGN Complex 5th Floor, No:62, Ethiraj Salai, Egmore, Chennai rep.by its Senior Executive, Ms.S.Uma ...Applicant -vs1.Mr.B.Sabanna, Son of Mr.Basurajappa, House No:05-05-406, Maha Manikeshwar Colony, Yadgiri, Gulbarga, Karnataka 585 201
2.Mr.Mohan Babu Son of Mr.Babu House No:98, Belgera Mungithanoa, Yagdigiri,Gulbarga, Karnataka 562 201
...Respondents
Application praying that this Hon'ble Court be pleased to appoint an advocate Commissioner to seize 1 No.CATERPILLAR WHEEL LOADER 424B BACKHOE LOADER bearing I.D No:A-0154-01, Serial No: JRC06928: Chassis https://hcservices.ecourts.gov.in/hcservices/ No:IMOP05130219 fitted with Engine Serial No:4H32011320497, from the respondents or wherever it is found and deliver it
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to the applicant with liberty to sell and to permit the Advocate Commissioner to obtain Police aid and to break open the premises within which the said equipment is lying.
This Application coming on this day before this court for hearing the court made the following order:
Learned counsel appearing for the applicant seeks
permission of this Court to withdraw this
application and he has also made an endorsement to that
effect. Accordingly, this application is dismissed as
withdrawn.
Sd/.P.S.N.J.
16.8.2019
//Certified to be a true copy//
Dated this the day of 2019.
SU/11.11.2019 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
Ms. L & T Finance Limited
Mr. B. Sabanna
Mr. Mohan Babu
Pushpa Sathyanaarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
