High Court · 2025

Arb Appln No. 847 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-10-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHArb Appln No. 847 of 2025M/s Cholamandalam Investment and Finance Company LimitedChola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032 represented by its Authorised Signatory ApplicantVsMr.Mahadev Ajinath DhotreS/o AjinathA/P Anithurne, PuneIndapur, Near PDC BankMaharashtra 413 114 RespondentPRAYERTo appoint an Advocate Commissioner to seize and deliver the vehicle to applicant which is morefully described in the Schedule to the Judges Summons which is lying in the custody of 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 KumarFor Respondent:Ms.B.SharmilaAdvocate Commissioner ORDERThis application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of an Advocate Commissioner for https://www.mhc.tn.gov.in/judis Arb Appln No. 847 of 2025seizing 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 01.07.2025, this Court passed the following order:-“This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeking for appointment of an Advocate Commissioner to seize and take possession of the vehicle morefully described in the schedule to the Judges Summons from the respondent or wherever it is available. 2. The applicant is a Non Banking Financial Institution. The applicant has lent money to the respondent under the Loan Agreement, dated 16.04.2024. The respondent had availed loan from the applicant for the purchase of vehicle morefully described in the schedule to the Judges Summons. 3. The respondent is a defaulter in the repayment of the loan to the applicant. Supporting documents have been filed by the applicant to substantiate the same. As on date, the respondent is in arrears of ten (10) installments, which works out to Rs.3,73,510/-. The applicant has also recalled the loan granted to the respondent through their loan recall notice dated 07.03.2025. As seen from the Statement of Account, a sum of Rs.18,85,990.71/- is due and payable by the respondent to the applicant which includes future installments, arrears of installments, penal interest and other charges payable as per the terms and conditions of the contract. The applicant is empowered to repossess the vehicle from the respondent, as per the terms of the said loan agreement, in case, he commits default in the repayment of the loan. The applicant claims that they are having difficulty in repossessing the vehicle on their own. Only under those circumstances, they have filed this application seeking for appointment of an Advocate Commissioner to repossess the vehicle from the respondent https://www.mhc.tn.gov.in/judis Arb Appln No. 847 of 2025or wherever available. The Loan Agreement, dated 16.04.2024 contains an arbitration clause. The applicant has already initiated arbitration in accordance with the arbitration clause. 4.This Court is of the considered view that a prima facie case has been made out by the applicant for appointment of an Advocate Commissioner. Once the vehicle is repossessed by the Advocate Commissioner, to enable the respondent to use the vehicle once again, he 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) Ms.M. Suganya, Advocate, having office at No.39, II Street, Kamaraj Nagar, Katchipattu, Sriperumbudur – 602 105, (Mobile No.9786764413) is appointed as the Advocate Commissioner to reposses the vehicle morefully described in the schedule to the Judges Summons from the respondent or wherever it is available; b)The Advocate Commissioner is permitted to obtain the police aid whenever required and she is also permitted to break open the premises in case the vehicle is kept in a locked premises in the presence of the police after taking proper inventory. c) On repossession of the subject vehicle, the Advocate Commissioner shall send a Communication to the respondent intimating that a sum of Rs.3,73,510/- is due and payable by the respondent to the applicant in respect of the aforesaid loan agreement. d) On receipt of such intimation, the respondent shall pay the aforesaid amount within a period of three days from the date of receipt of the communication from the Advocate Commissioner and on payment of such sum, the applicant shall hand over the vehicle back to the respondent and the Advocate Commissioner shall co-operate with the applicant for the same. e) The Advocate Commissioner shall be paid an initial remuneration of Rs.25,000/- by the applicant, within a https://www.mhc.tn.gov.in/judis Arb Appln No. 847 of 2025period of one week from the date of receipt of a copy of this order. All the boarding, lodging and travelling expenses for the Advocate Commissioner shall be borne by the applicant. 5. Notice to the respondent, returnable by 05.08.2025. Private notice is also permitted. Post the matter on 05.08.2025.” 3. The matter was thereafter taken up on 09.09.2025 and the following order came to be passed:-“This Court had earlier passed an order on 01.07.2025 and appointed an Advocate Commissioner to seize and take possession of the vehicle. 2.The learned counsel for the applicant submitted that the Advocate Commissioner has expressed some difficulty and hence the learned counsel requested this Court to appoint another advocate as the Advocate Commissioner. Considering the above submission, Ms.B.Sharmila, Advocate is appointed as an Advocate Commissioner [No.18, Law Chamber, Madras High Court, Chennai 600 104. Email: [email protected]]. The earlier directions issued by this Court on 01.07.2025 shall be carried out by the new Advocate Commissioner appointed by this Court. The warrant will be executed on or before 08.10.2025. The remuneration fixed by this Court shall be paid to the Advocate Commissioner appointed today. ”4. The private notice sent to the respondent has been returned with an endorsement “refused”. Hence there is a deemed service on the respondent and the respondent is neither present nor represented through counsel. 5. The learned Advocate Commissioner has filed a report, wherein it is https://www.mhc.tn.gov.in/judis Arb Appln No. 847 of 2025stated that the vehicle was seized with the help of crane. However, the respondent managed to forcibly take away the vehicle along with the crane and its driver and as a result, a complaint was given to the concerned police and First Information Report has been registered. It is also stated that the driver of the crane was later on released. 6. Considering the above conduct of the respondent, it is quite apparent that the respondent wants to secret the vehicle. In view of the above, in the place of Advocate Commissioner, Mr.Tatyasaheb Ramdas Mane, Area Receivables Manager is appointed as Receiver for seizing the subject vehicle from the respondent. 7. There shall be a direction to the applicant to pay a sum of Rs.25,000/- towards additional remuneration to the learned Advocate Commissioner. 8. This application stands disposed of in the above terms. 08-10-2025ssToMr.Mahadev Ajinath DhotreS/o Ajinath https://www.mhc.tn.gov.in/judis Arb Appln No. 847 of 2025A/P Anithurne, PuneIndapur, Near PDC BankMaharashtra 413 114 https://www.mhc.tn.gov.in/judis Arb Appln No. 847 of 2025N.ANAND VENKATESH J.ssArb Appln No. 847 of 2025 08-10-2025