Tata Capital Ltd. v. Jose Philip And Sons and another
Arbitration – Section 9 application – vehicle already seized and custody handed over to applicant – respondents evasive of notices
Case brief
What is this about?
Order dated 29-01-2025 of the High Court of Judicature at Madras in Arb.Appln No. 470 of 2024 (Tata Capital Ltd v. Jose Philip And Sons and another), P.B. Balaji J.: applicant's counsel reported the vehicle already seized with custody handed over to the applicant; respondents evasive of service of notices; as the seizure occurred in the respondents' presence, the court found no necessity to keep the Section 9 application pending and closed it. No precedents cited; no quantum involved.
What did the court decide?
Since the vehicle was seized in the presence of the respondents and its custody had been handed over to the applicant, there was no necessity to keep the Section 9 application pending. ¶22