High Court · 2025

Arb Appln No. 812 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28-10-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHArb Appln No. 812 of 20251. Axis Bank LtdRep. By its Deputy Manager, SelvarajNo. 31, 2nd Floor, South Mada Street, Mylapore, ChennaiApplicant(s)Vs1. Jolly YesudasMundazhiyil Perumpramavu Mallappally, Pathanamthitta Kerala 678 587, India.Respondent(s)PRAYERTo appoint an Advocate Commissioner to take custody of the Vehicle being MARUTI CAT CBALENO DELTA MT bearing Chassis No.MBHHWB13SPH524871 fitted with Engine No.K12NP4312775 and Registered as KL28F2000 from the Respondent or wherever it is found and deliver it to the applicant with liberty to sell and to premit the Advocate Commissioner to obtain police aid and to break open the premises within which the said vehicle is lying.For Applicant(s):M/s.Uma Vijayan M.R.For Respondent(s):Mr. S. A. Yasar Arafath, Advocate Commissioner https://www.mhc.tn.gov.in/judis Arb Appln No. 812 of 2025ORDERThis application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of an Advocate Commissioner for seizing the vehicle in the custody of the respondent, if necessary, with police protection and by breaking open the premises. 2. When this application came up for hearing on 24.06.2025, this Court passed the following order:- This application has been filed under Section 9 of the Arbitration and Conciliation Act, seeking for appointment of an Advocate Commissioner by this Court to repossess the vehicle, morefully described in the schedule to the judges summon from the respondent or wherever available.2.The respondent is a defaulter in re-payment of the loan to the applicant. The respondent had availed loan for the purchase of vehicle. The respondent has paid only 14 installments out of 84 instalments, which are due and payable to the applicant as on date. As on date, 6 installments are in arrears, which amounts to Rs.81,261/-. The applicant has already recalled the loan by issuing notice to the respondent. Under the loan agreement, the applicant is empowered to re-possess the vehicle from the respondent in case the respondent commits default. The applicant has expressed its difficulty in re-possessing the vehicle on their own. Only under the said circumstances, the applicant has filed this application seeking for appointment of an Advocate Commissioner by this Court. In the loan agreement, there exists an arbitration clause. The applicant has expressed its willingness to go for https://www.mhc.tn.gov.in/judis Arb Appln No. 812 of 2025arbitration in accordance with the arbitration clause. 3.Supporting documents have been filed by the applicant in support of this application. Since a prima facie case has been made out by the applicant for appointment of an Advocate Commissioner, this Court is inclined to appoint an Advocate Commissioner as prayed for in this application. To enable the respondent to take back possession of the vehicle from the Advocate Commissioner, they must be put on terms for getting back the vehicle from the applicant after re-possession. In order to strike a balance, the following order is passed by this Court:a)Mr.S.A.Yasar Arafath, Advocate, having office at No.33/A, Thoppu Street, Oli Mohammed Pettai, Kancheepuram - 631 502 (Mob. No.92451 45141) is appointed as the Advocate Commissioner to re-posses the vehicle, morefully described in the schedule to the Judges Summons from the respondent from his premises or wherever available;b)The Advocate Commissioner, after re-possessing the vehicle, shall handover interim custody of the same to the applicant, who shall keep it in their safe custody;c)The Advocate Commissioner, immediately after re-possessing the subject vehicle, shall intimate the respondent 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.81,261/-;d)The respondent, on payment of Rs.81,261/- to the applicant 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.81,261/- within the stipulated time as stated supra, the applicant shall re-deliver the subject vehicle back to the respondent with proper acknowledgment and the advocate https://www.mhc.tn.gov.in/judis Arb Appln No. 812 of 2025commissioner shall also render proper assistance for the same;e) The applicant shall initiate arbitration in accordance with the arbitration agreement contained in the contract within a period of 90 days from today. In case, the applicant fails 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 respondent by the applicant 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 applicant.Notice to the respondent returnable by 30.07.2025. Private Notice is also permitted.3. Though the private notice sent to the respondent has been duly served, there is no appearance either in person or through counsel. https://www.mhc.tn.gov.in/judis Arb Appln No. 812 of 20254. It is brought to the notice of this Court that till date the Advocate Commissioner is not able to seize the vehicle and the applicant is in the process of finding out the whereabouts of the vehicle. Hence the apprehension raised on the side of the applicant that the respondent is trying to secret the vehicle is prima facie established.5. In view of the above, in the place of the Advocate Commissioner, Mr.Jithin J, Manager, is appointed as Receiver for seizing the subject vehicle from the respondent or wherever it is found and by breaking open the premises, if required, with police aid. 6. This application stands disposed of in the above terms. 28-10-2025rkaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis Arb Appln No. 812 of 2025 To1.Jolly YesudasMundazhiyil Perumpramavu Mallappally, Pathanamthitta Kerala 678 587 India. https://www.mhc.tn.gov.in/judis Arb Appln No. 812 of 2025N.ANAND VENKATESH J.rkaArb Appln No. 812 of 202528-10-2025