Disposed¶20

Tata Capital Ltd. v. Sakthivel R and another

Madras HC6 Mar 2025Arb Appln/471/2024

Case brief

AI extract

What is this about?

Madras High Court; Arb Appln No. 471 of 2024; Tata Capital Ltd v. Sakthivel R and another; Justice Abdul Quddhose; order dated 06-03-2025; vehicle repossession through Advocate Commissioner appointed 02.08.2024; vehicle not located; time extensions 24.10.2024, 12.12.2024, 23.01.2025; application closed with liberty to file fresh application upon location of vehicle; possible retention of same Advocate Commissioner; initial remuneration already paid.

What did the court decide?

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

Tata Capital Ltd. Vs Sakthivel R and another — Madras HC (2025) — LawSathi Research

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Arb Appln NO. 471 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

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Arb Appln NO. 471 of 2024

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Tata Capital Ltd

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By its Legal Manager D Kalaiarasan Having its office at 1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 024

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Appellant(s)

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Sakthivel R and another By its Legal Manager D Kalaiarasan Having its office at 1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 024307, Agrakara Street, Mananchery Koranattu, Karuppur, Kumbakonam 612 501. and another

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Respondent(s)

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For Appellant(s): Mr.N.K.Vanan Mr. S. Venkidusamy, Advocate Commissioner

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ORDER

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This Court, by its order dated 02.08.2024, appointed an Advocate 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. This Court had already granted extension of time on 24.10.2024, 12.12.2024 & 23.01.2025 to comply with the earlier

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order dated 02.08.2024.

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

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1/2

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ABDUL QUDDHOSE,J.

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The learned counsel for the applicant would submit that the vehicle

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has not been located and only due to the said reason, the Advocate Commissioner could not repossess the vehicle.

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

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06.03.2025

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vsi

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Arb.Appln. No. 471 of 2024

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2/2

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