Disposed¶20

Tata Capital Ltd. v. Satheesh Kumar S and another

Madras HC4 Mar 2025Arb Appln/469/2024

Case brief

AI extract

What is this about?

Arbitration application; closure of application; repossession of vehicle; Advocate Commissioner unable to repossess; vehicle not located; liberty to file fresh application; retention of same Advocate Commissioner; initial remuneration already paid; Tata Capital Ltd; Satheesh Kumar S; Sheeba K S; High Court of Judicature at Madras; Arb Appln No. 469 of 2024; order dated 04-03-2025; Justice Abdul Quddhose.

What did the court decide?

Application closed with liberty to the applicant to file a fresh application for appointment of an Advocate Commissioner to repossess the vehicle once it is located; the Court indicated it would consider retaining the same Advocate Commissioner, the initial remuneration having already been paid. ¶20

Tata Capital Ltd. Vs Satheesh Kumar S and another — Madras HC (2025) — LawSathi Research

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Arb Appln No. 469 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 469 of 2024

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Tata Capital Ltd 6A , Dr Ambedkar Salai, Kodambakkam ,

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Appellant(s)

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Satheesh Kumar S and another Puthooram Vellachira, Panavoor PO, Panavoor, Thiruvananthapuram 695 568.6A , Dr Ambedkar Salai, Kodambakkam , and another

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Respondent(s)

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For Appellant(s): Mr.N.K.Vanan For Respondent(s): Ms. P. Theja Sree, Advocate Commissioner

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O R D E R

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This Court, by its order dated 02.08.2024, appointed an Advocate

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Commissioner to repossess the vehicle from the respondent or wherever available. Till date, the Advocate Commissioner appointed by this Court is unable to repossess the vehicle.

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The learned counsel for the applicant would submit that the vehicle has not been located and only due to the said reason, the Advocate Commissioner could not repossess the vehicle.

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https://www.mhc.tn.gov.in/judis

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No useful purpose will be served if this application is allowed to be kept

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ABDUL QUDDHOSE,J.

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vsi

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pending. Therefore, this Application is closed. However, liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the vehicle from the respondent once the vehicle is located. Since the applicant had already paid the initial remuneration to the Advocate Commissioner, this Court shall consider retaining the very same Advocate Commissioner in the fresh application to be filed by the applicant once the vehicle is located.

04-03-2025

vsi

Satheesh Kumar S and another Puthooram Vellachira, Panavoor PO, Panavoor, Thiruvananthapuram 695 568.6A , Dr Ambedkar Salai, Kodambakkam ,

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Sheeba K S Puthooram Vellachira Panavoor Po Panavoor Thiruvananthapuram 695568 Puthooram Vellachira, Panavoor Po, Panavoor , Thiruvananthapuram - 695568

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Arb Appln No. 469 of 2024

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https://www.mhc.tn.gov.in/judis

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https://www.mhc.tn.gov.in/judis