Madras High Court
Daimler Financial Services India Pvt ... vs Dharani Milk Products on 31 August, 2020
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
A.No.4691 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Application No.4691 of 2019
Daimler Financial Services India Pvt Ltd.,
Unit 201, 2nd Floor, Campurs 3B,
RMZ Milennia Business Park, 143, Dr.MGR Road,
Perungudi, Chennai – 600 096, India,
Rep. By its Chief Manager M.Shaikshavali
... Applicant
Vs.
1.Dharani Milk Products
2. Daddla Venkateswara Naidu ... Respondents
Prayer: Application filed under Order XIV Rule 8 of Original Side
Rules read with Section 9(ii) (d) of the Arbitration and Conciliation
Act, 1996, to appoint Mr..Praveen Goud, Authorised Agent of the
applicant as Receiver to seize and take possession of the vehicle, which
is more fully described in the schedule to the Judges Summons from the
premises of the respondents or where ever found with police aid and
break open of premises, if necessary.
For Applicant : Mr.H.Mohamed Ismail
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A.No.4691 of 2019
ORDER
This application has been filed seeking a direction to appoint the employee of the applicant viz. Mr..Praveen Goud, Authorised Agent, as a Receiver to seize the vehicle.
2. When the matter is taken up today, the learned counsel appearing for the applicant submitted that arbitration proceedings has been initiated and the same is pending and sought for appointment of the receiver to seize the vehicle.
3. Section 9 of the Arbitration and Conciliation Act states that once arbitral tribunal has been constituted, the Court normally shall not entertain any application for interim measures unless the Court finds that circumstances exist which may not render the remedy provided under section 17 efficacious.
4. This application has been filed for appointment of a receiver to seize the vehicle. The arbitral tribunal itself can pass such Page 2 of 4 http://www.judis.nic.in A.No.4691 of 2019 an Order. Further, as the applicant has not complied the Order passed by this court and batta has not been filed from the very beginning, this Court is not inclined to pass any Orders in this application and it is open to the applicant to work out his remedy before the arbitral tribunal.
5. With the above observation, this application is closed.
31.08.2020 mst Page 3 of 4 http://www.judis.nic.in A.No.4691 of 2019 N.SATHISH KUMAR, J.
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