High Court · 2025

Arb Appln No.729 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-10-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHArb Appln No.729 of 20251. M/s. Shrinithi Capital Private Ltd represented by its Chief Manager Mr.R.Selvam at 2nd Floor, 2A, Mookambika Complex No.4, Lady Desika Road, Mylapore Chennai 600 0042. M/s Hinduja Leyland Finance represented by its Area Manager Mr.Ashok No.1, Sardar Patel Road, Guindy Chennai 600 032 ApplicantsVs1. L.Laveen S/o Lakshmanan 111A Gurubavan Koil Street Aparana Nagar, Ayapakkam Tiruvallur 600 0772. Mayfair Trans Tech Limited Liability Partner No.74, Sathyadev Avenue RA Puram, Chennai 600 0283. Eshwar S/o Mohan C202 Raheja Regency No.147, Santhome High Road Raja Annamalaipuram, Chennai 600 028 Respondents https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 PRAYERTo appoint an Advocate Commissioner with direction to seize the schedule mentioned vehicle which is lying under the custody of the respondents or their men, agents, servants or anyone claiming under them from the premises of 1st respondent at 111A Gurubavan Kovil Street, Aparana Nagar, Ayapakkam, Tiruvallur 600 077 or at any other place where the scheduled asset is found with the police aid and by breaking open locks if necessary and to take the same into custody and sell the same at fair market price.For Applicants:Mr.K.SendurpandiFor Respondents:Mr.Francis Cedric D'CruzORDERThis application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of an Advocate Commissioner to seize the subject vehicle in the custody of the respondents or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicants. 2. When the matter came up for hearing on 03.07.2025, this Court passed the following order:-“As directed by this Court, the applicants have effected Substituted Service on the Respondents 1 to 3 by effecting paper publication. The paper publication has been enclosed along with the Affidavit of service. Hence, the Respondents 1 to 3 are set exparte by this Court. 2. The respondents are defaulters in repayment of the loan to the applicants. The loan agreement dated 29.07.2023 empowers the applicants to repossess the vehicle from the respondents in case the respondents commit default in repayment of the loan. As on 22.04.2025, a sum of Rs.15,92,055/- is due and payable by the respondents to the applicants, as is seen from https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 the statement of account filed along with this application. As on the date of filing of the application, the respondents are in arrears of Rs.13,38,100/- as is seen from the affidavit filed in support of the petition.3. The applicants have expressed their difficulty to appoint the Advocate Commissioner on its own. They have also expressed their willingness to go for arbitration in accordance with arbitration clause contained in the loan agreement, dated 29.07.2023. The applicants have already recalled the loan of the respondents. This Court after giving due consideration to the contents of the affidavit filed in support of the application, is of the considered view, a prima facie case has been made out by the applicants for the appointment of an Advocate Commissioner by this Court to repossess the vehicle from the respondents or wherever available. To enable the respondents to take back possession of the vehicle from the Advocate Commissioner, they must be put on terms for getting back the vehicle from the applicants after re~possession. In order to strike a balance, the following order is passed by this Court:a) Mr.Francis Cedric D'Cruz, Advocate, having office at No.19, Law Chambers, High Court Buildings, Chennai -600 104 (Mob. No.9841047636) is appointed as the Advocate Commissioner to re~posses the vehicle, morefully described in the schedule to the Judges Summons from the respondents from their premises or wherever available;b)The Advocate Commissioner, after re-possessing the vehicle, shall handover interim custody of the same to the applicants, who shall keep it in their safe custody;c)The Advocate Commissioner, immediately after re~possessing the subject vehicle, shall intimate the respondents either through Registered Post with Acknowledgment Due (RPAD) or by hand delivery through a written communication that the arrears of installments work out to Rs.15,92,055/-;d)The respondents, on payment of Rs.15,92,055/- to the applicants within a period of three days from the date when the subject vehicle was re-possessed, is entitled for return of the seized vehicle. On receipt of the sum of Rs.15,92,055/- within the stipulated time as stated supra, the applicants shall re-deliver https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 the subject vehicle back to the respondents with proper acknowledgment and the advocate commissioner shall also render proper assistance for the same;e)The applicants shall initiate arbitration in accordance with the arbitration agreement contained in the contract within a period of 90 days from today. In case, the applicants fail to initiate arbitration within the stipulated time, the order passed by this Court today shall stand automatically vacated and the re~possessed vehicle shall also be redelivered back to the respondents by the applicants unconditionally;f)In case, the Advocate Commissioner requires Police assistance due to any law and order problem or due to any obstruction caused by the respondents or by any third party, while re-possessing the vehicle, the advocate commissioner is at liberty to seek police assistance from the concerned police station and the police department shall grant police protection accordingly. In case, break open of the premises, where the vehicle is located, is required, the Advocate Commissioner shall break open the premises in the presence of the police and take an inventory and thereafter re~posses the vehicle;g)The Advocate Commissioner shall be paid an initial remuneration of Rs.25,000/- and on receipt of the same, the advocate commissioner shall proceed to execute this order. All the boarding, lodging and travelling expenses for the Advocate Commissioner shall be borne by the applicants.4. With the aforesaid directions, this application stands disposed of..5. Post the matter for reporting compliance on 07.08.2025.”3. The matter was thereafter listed on two occasions for reporting compliance and on both the occasions, the period of warrant came to be extended, since the whereabouts of the vehicle could not be traced. https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 4. When the matter was again taken up today for reporting compliance, the learned counsel for applicants submitted that the vehicle is yet to be traced. 5. In view of the above, in the place of Advocate Commissioner, Mr.R.Selvam, Chief Manager and Authorised Signatory of the first applicant company is appointed as Receiver for seizing the subject vehicle from the respondents or wherever it is found and by breaking open the premises, if required, with police aid. 08-10-2025ssTo1. L.Laveen S/o Lakshmanan 111A Gurubavan Koil Street Aparana Nagar, Ayapakkam Tiruvallur 600 0772. Mayfair Trans Tech Limited Liability Partner No.74, Sathyadev Avenue RA Puram, Chennai 600 0283. Eshwar S/o Mohan C202 Raheja Regency No.147, Santhome High Road Raja Annamalaipuram, Chennai 600 028N.ANAND VENKATESH J.ss https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 Arb Appln No. 729 of 202508-10-2025

Arb Appln No.729 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-10-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHArb Appln No.729 of 20251. M/s. Shrinithi Capital Private Ltd represented by its Chief Manager Mr.R.Selvam at 2nd Floor, 2A, Mookambika Complex No.4, Lady Desika Road, Mylapore Chennai 600 0042. M/s Hinduja Leyland Finance represented by its Area Manager Mr.Ashok No.1, Sardar Patel Road, Guindy Chennai 600 032 ApplicantsVs1. L.Laveen S/o Lakshmanan 111A Gurubavan Koil Street Aparana Nagar, Ayapakkam Tiruvallur 600 0772. Mayfair Trans Tech Limited Liability Partner No.74, Sathyadev Avenue RA Puram, Chennai 600 0283. Eshwar S/o Mohan C202 Raheja Regency No.147, Santhome High Road Raja Annamalaipuram, Chennai 600 028 Respondents https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 PRAYERTo appoint an Advocate Commissioner with direction to seize the schedule mentioned vehicle which is lying under the custody of the respondents or their men, agents, servants or anyone claiming under them from the premises of 1st respondent at 111A Gurubavan Kovil Street, Aparana Nagar, Ayapakkam, Tiruvallur 600 077 or at any other place where the scheduled asset is found with the police aid and by breaking open locks if necessary and to take the same into custody and sell the same at fair market price.For Applicants:Mr.K.SendurpandiFor Respondents:Mr.Francis Cedric D'CruzORDERThis application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of an Advocate Commissioner to seize the subject vehicle in the custody of the respondents or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicants. 2. When the matter came up for hearing on 03.07.2025, this Court passed the following order:-“As directed by this Court, the applicants have effected Substituted Service on the Respondents 1 to 3 by effecting paper publication. The paper publication has been enclosed along with the Affidavit of service. Hence, the Respondents 1 to 3 are set exparte by this Court. 2. The respondents are defaulters in repayment of the loan to the applicants. The loan agreement dated 29.07.2023 empowers the applicants to repossess the vehicle from the respondents in case the respondents commit default in repayment of the loan. As on 22.04.2025, a sum of Rs.15,92,055/- is due and payable by the respondents to the applicants, as is seen from https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 the statement of account filed along with this application. As on the date of filing of the application, the respondents are in arrears of Rs.13,38,100/- as is seen from the affidavit filed in support of the petition.3. The applicants have expressed their difficulty to appoint the Advocate Commissioner on its own. They have also expressed their willingness to go for arbitration in accordance with arbitration clause contained in the loan agreement, dated 29.07.2023. The applicants have already recalled the loan of the respondents. This Court after giving due consideration to the contents of the affidavit filed in support of the application, is of the considered view, a prima facie case has been made out by the applicants for the appointment of an Advocate Commissioner by this Court to repossess the vehicle from the respondents or wherever available. To enable the respondents to take back possession of the vehicle from the Advocate Commissioner, they must be put on terms for getting back the vehicle from the applicants after re~possession. In order to strike a balance, the following order is passed by this Court:a) Mr.Francis Cedric D'Cruz, Advocate, having office at No.19, Law Chambers, High Court Buildings, Chennai -600 104 (Mob. No.9841047636) is appointed as the Advocate Commissioner to re~posses the vehicle, morefully described in the schedule to the Judges Summons from the respondents from their premises or wherever available;b)The Advocate Commissioner, after re-possessing the vehicle, shall handover interim custody of the same to the applicants, who shall keep it in their safe custody;c)The Advocate Commissioner, immediately after re~possessing the subject vehicle, shall intimate the respondents either through Registered Post with Acknowledgment Due (RPAD) or by hand delivery through a written communication that the arrears of installments work out to Rs.15,92,055/-;d)The respondents, on payment of Rs.15,92,055/- to the applicants within a period of three days from the date when the subject vehicle was re-possessed, is entitled for return of the seized vehicle. On receipt of the sum of Rs.15,92,055/- within the stipulated time as stated supra, the applicants shall re-deliver https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 the subject vehicle back to the respondents with proper acknowledgment and the advocate commissioner shall also render proper assistance for the same;e)The applicants shall initiate arbitration in accordance with the arbitration agreement contained in the contract within a period of 90 days from today. In case, the applicants fail to initiate arbitration within the stipulated time, the order passed by this Court today shall stand automatically vacated and the re~possessed vehicle shall also be redelivered back to the respondents by the applicants unconditionally;f)In case, the Advocate Commissioner requires Police assistance due to any law and order problem or due to any obstruction caused by the respondents or by any third party, while re-possessing the vehicle, the advocate commissioner is at liberty to seek police assistance from the concerned police station and the police department shall grant police protection accordingly. In case, break open of the premises, where the vehicle is located, is required, the Advocate Commissioner shall break open the premises in the presence of the police and take an inventory and thereafter re~posses the vehicle;g)The Advocate Commissioner shall be paid an initial remuneration of Rs.25,000/- and on receipt of the same, the advocate commissioner shall proceed to execute this order. All the boarding, lodging and travelling expenses for the Advocate Commissioner shall be borne by the applicants.4. With the aforesaid directions, this application stands disposed of..5. Post the matter for reporting compliance on 07.08.2025.”3. The matter was thereafter listed on two occasions for reporting compliance and on both the occasions, the period of warrant came to be extended, since the whereabouts of the vehicle could not be traced. https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 4. When the matter was again taken up today for reporting compliance, the learned counsel for applicants submitted that the vehicle is yet to be traced. 5. In view of the above, in the place of Advocate Commissioner, Mr.R.Selvam, Chief Manager and Authorised Signatory of the first applicant company is appointed as Receiver for seizing the subject vehicle from the respondents or wherever it is found and by breaking open the premises, if required, with police aid. 08-10-2025ssTo1. L.Laveen S/o Lakshmanan 111A Gurubavan Koil Street Aparana Nagar, Ayapakkam Tiruvallur 600 0772. Mayfair Trans Tech Limited Liability Partner No.74, Sathyadev Avenue RA Puram, Chennai 600 0283. Eshwar S/o Mohan C202 Raheja Regency No.147, Santhome High Road Raja Annamalaipuram, Chennai 600 028N.ANAND VENKATESH J.ss https://www.mhc.tn.gov.in/judis Arb Appln No.729 of 2025 Arb Appln No. 729 of 202508-10-2025