Madras High Court
Daimler Financial Services India Pvt ... vs Sunil Kumar (Borrower) on 31 August, 2020
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
A.No.7047 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Application No.7047 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
versus
Sunil Kumar (Borrower)
24-1, Chikkanallurahalli, Begur Post,
Hosakote Taluk Hoskote – 562 114
Karnataka. ... Respondent
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
Mr.Manjunath Aughorised 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.7047 of 2019
ORDER
This application has been filed seeking a direction to appoint the employee of the applicant viz. Mr. Manjunath, 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 an Order. Further, as the applicant has not complied the Order passed by this court and batta has http://www.judis.nic.in 2/4 A.No.7047 of 2019 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.
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