The High Court of Madras dismissed an application filed by Tata Capital to appoint a receiver to seize assets because the applicant's counsel submitted instructions to withdraw it during hearing.
The application for appointment of a receiver to seize assets was dismissed as withdrawn.
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.
A.No.258 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.03.2021
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
A.No.258 of 2021 M/s.Tata Capital Financial Services Limited Having its registered office at 11th Floor, Tower A, Peninsula Business Park, Ganpatrao Kadam marg, Lower Parel, Mumbai – 400013 and one of the branch office at Centennial Square, 1st Floor, 6A, Dr.Ambedkar Salai, Kodambakkam, Chennai – 600024, Represented by its Authorised Signatory Mrs.D.Kavitha ... Applicant Vs. 1.Rajkumar D 2.Moorthy K ... Respondent
Prayer : Judges summon filed under Order XIV Rule 8 OS Rules read with Section 9 (ii) (d) & (e) of Arbitration and Conciliation Act, 1996, to appoint a receiver namely Mr.J.Senthil of the Applicant to seize and deliver the assets Tata Hitachi make Hydraulic Excavator model ZX – 220 LCH Quarry version with ISUZU Engine, HD bucket with pipeline kit along with return oil filter Material code: 220G-0037, Machine Serial
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P.T. ASHA. J,
kan
No.THEDCRL0T00001912 and New SMM 810 Breaker Tool Serial No.CH 12816 DK – D available at the respondent's premises or wherever found and permit the receiver namely, Mr.J.Senthil of the applicant to obtain police aid and to break open the premises.
For Applicant : Mr.M. Arunachalam
For Respondents : No Appearance
ORDER
The learned counsel for the applicant would submit that he has instructions to withdraw the above application. Consequently, the application is dismissed as withdrawn. The Advocate Commissioner has also been paid his remuneration. However the applicant does not seek to have the same refunded.
17.03.2021 Internet : Yes/No Index :Yes/No Speaking / Non-Speaking kan
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P.T. ASHA
As recorded by the court registry
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