M/s.Cholamandalam Investment and Finance Company Limited v. B.PraveenkumarS/o.Balasubramaniyam

Arb. Appln. No.101 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24.01.2025CORAMTHE HONOURABLE MR.JUSTICE P.B.BALAJIArb. Appln. No.101 of 2025M/s.Cholamandalam Investment and Finance Company Limited,'Chola Crest', C 54 & 55, Super B-4,Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032. Represented by its Authorised Signatory ... Applicantvs.B.PraveenkumarS/o.Balasubramaniyam ... RespondentPRAYER: Arbitration Application filed under order XIV Rule 8 of Original Side Rules read with Section 9(1)(ii)(a)(b)(d)&(e) of the Arbitration and Conciliation Act 1996 to appoint an Advocate Commissioner to seize and take possession of the vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of the respondent or respondent's men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary. For Applicant : Mr.D.Pradeep KumarO R D E R1/6 https://www.mhc.tn.gov.in/judis Arb. Appln. No.101 of 2025 This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking to appoint an Advocate Commissioner to seize and take possession of the vehicle viz., Mahindra Furio, bearing Engine No.TMM4G90630, Chassis No.MA1AATMKFM6J73659 and Registration No.TN-54-U-9882 which is lying in the custody of the respondent or respondent's men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary.

The respondent entered into a loan agreement dated 15.09.2021 for purchase of the vehicle, more fully described in the schedule to the Judges Summons. Under the loan agreement, the total loan amount was repayable by the respondent to the applicant in 59 monthly installments commencing from 15.10.2021.

As seen from the statement of accounts, which are supported by the averments contained in the affidavit filed in support of the application, the respondent is irregular in making payments of EMI. There is an Arbitration Clause available in the loan agreement, which is the subject matter of dispute. The applicant has initiated the arbitration 2/6 https://www.mhc.tn.gov.in/judis Arb. Appln. No.101 of 2025proceedings in accordance with the Arbitration Clause. Under the loan agreement, the applicant is entitled to repossess the vehicle, more fully described in the schedule to the Judges Summons in case the respondent commits default in repayment of the loan. The applicant has expressed its difficulty to repossess the vehicle on its own.

Only under the aforementioned circumstances, this application has been filed under Section 9 of the Arbitration and Conciliation Act seeking for appointment of an Advocate Commissioner to repossess the vehicle, which is more fully described in the schedule to the Judges Summons and therefore, the Applicant has made out a prima facie case, for invoking Section 9 of the Act. In the interest of justice, I proceed to appoint an Advocate Commissioner.

Accordingly, this Application is ordered with the following directions:a) Ms.P.Suganthi, having Office at BBC Villa, Door No.66, 6th Floor, Prakasam Road, Broadway, Chennai - 600 108 (Mobile: 98401 14728) is appointed as an Advocate Commissioner to repossess the vehicle, which is more fully described in the schedule to the 3/6 https://www.mhc.tn.gov.in/judis Arb. Appln. No.101 of 2025 Judges Summons from the respondent or wherever it is available and handover the same to the applicant by way of interim custody;b) The Advocate Commissioner is permitted to obtain Police aid and break open of the premises in case the seized vehicle is kept in a locked premises in the presence of the Police, after taking proper inventory;c) If break open of a lock is required, the Advocate Commissioner shall do so in the presence of the police personnel who will counter sign the record evidencing the break open of the lock and to re-lock the premises.d) If the Advocate Commissioner finds any difficulty with the jurisdictional police, he is at liberty to approach Superintendent of Police, who shall provide all necessary assistance to him at the time of seizure of the vehicle.e) The Advocate Commissioner shall be paid her initial remuneration of Rs.25,000/- (Rupees Twenty Five Thousand only) withina period of six weeks from the date of receipt of a copy of this order or before the Advocate Commissioner executes the Warrant of Commission in accordance with the directions given by this Court. The Boarding, lodging and travel expenses shall be paid by the applicant to the 4/6 https://www.mhc.tn.gov.in/judis Arb. Appln. No.101 of 2025 Advocate Commissioner for executing the warrant of Commission;

Notice to the respondent returnable by 06.03.2025. Private Notice is also permitted.

Post the matter on 06.03.2025 'for reporting compliance'.24.01.2025vjiIndex : Yes / NoInternet : Yes / NoNCC : Yes / No5/6 https://www.mhc.tn.gov.in/judis Arb. Appln. No.101 of 2025P.B.BALAJI, J.vjiArb. Appln. No.101 of 202524.01.20256/6