In an interlocutory order, the High Court at Madras dismissed an application seeking appointment of an Advocate Commissioner to seize a vehicle. The court held that proceedings were without jurisdiction as the arbitration seat was at Namakkal.
Application closed with liberty to move District Court, Namakkal for similar reliefs.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 24TH DAY OF MARCH 2021
THE HON'BLE MS. JUSTICE P.T.ASHA
A. No.441 of 2021
In the matter of Arbitration &
Conciliation Act, 1996
and
In the matter of Disputes between
P.Selvam and K.Tharun (Loan and
Hire Purchase Agreement
01.04.2016)
P.SELVAM
S/o.Periyasamy,
No.360, T.T.K.Road,
Alwarpet, Chennai-600 018. ..Applicant
1. K.THARUN,
D/o.V.Kumaravel,
110, Cooperative Colony,
Mohanur Road,
Namakkal 637 001.
2. V.THANGAMMAL
W/o.Vadivelu,
6/339, S K Pudur Manappalli (PO),
Namakkal-637 001. ..Respondents
Application praying that this Hon'ble Court be pleased to appoint the
Advocate Commissioner to seize and deliver the Private Service Vehicle https://hcservices.ecourts.gov.in/hcservices/
(Ashok Leyland, Bus) bearing Engine No.SWE194704, Chassis
2
No.SWE311508 and bearing vehicle Registration No.TN 72 N 0273,
available at the Respondent premises or whereever found and permit the
receiver to obtain police aid and to break open the premises.
This Application coming on this day before this court for hearing the
court made the following order:
In the above matter, as per the terms of agreement, the seat of
arbitration is at Namakkal. Therefore, the proceedings initiated before this
court is without jurisdiction.
District Court, Namakkal for similar reliefs.
Sd/.P.T.A.J. 24.03.2021
//Certified to be a true copy// Dated this the th day of 2021.
su.08.04.2021 COURT OFFICER(O.S.)
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 High Court has jurisdiction to entertain this application given the contractual seat of arbitration is at Namakkal.
1 provisions across 1 enactments
P. Selvam
K. Tharun
V. Thangammal
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
