Application to appoint a receiver for vehicle repossession under Section 9 was dismissed. Court directed applicant to seek relief from the pending Arbitral Tribunal under Section 17.
Liberty granted to applicant to approach the Arbitral Tribunal under Section 17 for the relief sought.
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Arb Appln. No.130 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
Arb Appln. No.130 of 2021
M/s. TVS Credit Services Limited, Jayalakshmi Estates, New No.29, Old No.8, Haddows Road, Chennai - 600 006. Represented by its Authorised Signatory ... Applicant
Vs.
Doodhnath Ram Nihor ... Respondent
Application filed under Order XIV Rule 8 of Original Side Rules r/w Sec 9 (ii) (a) (b) (d) & (e) of the Arbitration and Conciliation Act, 1996 to appoint employee of the Applicant viz. Mr.Ansar Ahamad Siddiqui, Territory Collection Manager, as Receiver to seize and take possession of the vehicle which is more fully 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.
For Applicant : Mr. D. Pradeep Kumar.
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Arb Appln. No.130 of 2021
ORDER
This application has been filed under Section 9 of the Arbitration
and Conciliation Act, 1996 seeking for appointment of a Receiver to repossess the vehicle which is the subject matter of the hypothecation with the applicant under the loan agreement entered into between the applicant and the respondent under which, the respondent has availed loan from the applicant for the purchase of a vehicle.
2.Notice was ordered by this Court on 10.08.2021 and till date
notice has not been served on the respondent.
3.The learned counsel for the applicant would also submit that subsequent to the filing of this Application, Arbitration has been initiated in accordance with the Arbitration agreement and it is pending. This being the case, this Court is of the considered view that the applicant can very well approach the Arbitral Tribunal under Section17 of the Arbitration and Conciliation Act,1996 seeking for the same relief as sought for in this Application filed under Section 9 of the Arbitration and Conciliation Act, 1996. Accordingly, liberty is granted to the applicant
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Arb Appln. No.130 of 2021
to approach the Arbitral Tribunal for seeking the same relief as sought
for in this Application under Section 17 of the Arbitration and Conciliation Act, 1996.
4. With the aforementioned direction, this Application is disposed
of. No costs.
18.11.2021
ab/vsi2
Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order
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Arb Appln. No.130 of 2021
ABDUL QUDDHOSE, J.
vsi2
Arb Appln. No.130 of 2021
18.11.2021
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1 issue framed by the court
Whether the Court should have appointed a receiver for repossession of the hypothecated vehicle under Section 9 of the Arbitration and Conciliation Act, 1996.
2 provisions across 1 enactments
M/s. TVS Credit Services Limited
Doodhnath Ram Nihor
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
