High Court · 2025

Arb Appln No. 870 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-10-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHArb Appln No. 870 of 2025Tata Capital Limited by its Associate Legal Remedial R.KamalakkannanHaving its office at1st Floor, Centennial Square 6A-Dr Ambedkar Salai, Kodambakkam Chennai 600 024 ApplicantVsGarlapti Chandra SekharD No 2-12 PatibandlaLandmark – Near ChurchGuntur, Andhra Pradesh 533 250 RespondentPRAYERTo pass an order appointing an Advocate Commissioner to seize and deliver the car, TATA Motors-Tiago bearing engine no REVTRN02APYK0303B, Chassis No MAT626281KKA02886, Registration No AP39CN0268 situated at D No 2-12 Patibandla Landmark – Near Church, Guntur, Andhra Pradesh 533 250, or wherever it is found morefully described hereunder, with police aid or break open the premises from wherever found and handover the same to the Applicant.For Applicant:Mr.N.K.VananFor Respondent:Mr.G.Dinakaran Advocate Commissioner https://www.mhc.tn.gov.in/judis Arb Appln No. 870 of 2025ORDERThis 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 respondent or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicant. 2. When this application came up for hearing on 03.07.2025, 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. As on 03.06.2025, 6 instalments are in arrears, which amounts to Rs.1,10,785/-. The applicant has already recalled the loan by issuing notice to the respondent. Under the loan agreement, the applicant is empowered to repossess 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 arbitration 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 https://www.mhc.tn.gov.in/judis Arb Appln No. 870 of 2025Advocate 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, 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)Mr.G.Dinakaran, Advocate, having office at No.53, Vasantha Avenue, MRC Nagar, Chennai - 600 028 (Mob. No.98412 97654) 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.1,10,785/-; d)The respondent, on payment of Rs.1,10,785/- to the applicant within a period of three days from the date when the subject vehicle was repossessed, is entitled for return of the seized vehicle. On receipt of the sum of Rs.1,10,785/- 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 commissioner 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 https://www.mhc.tn.gov.in/judis Arb Appln No. 870 of 2025redelivered 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 07.08.2025. Private Notice is also permitted. ” 3. When the matter came up for hearing on 07.08.2025, this Court, taking note of the fact that the notice sent to the respondent had been duly served and there was no representation either in person or through counsel, extended the time for execution of warrant. 4. When the matter was taken up for hearing today, the learned counsel for applicant submitted that 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. https://www.mhc.tn.gov.in/judis Arb Appln No. 870 of 20255. It is clear from the above that the apprehension raised on the side of the applicant that the respondent is trying to secret the vehicle is prima facie established.6. In view of the above, in the place of the Advocate Commissioner, Ms.Raichur Bhavani Krishna, Legal Manager, Mobile No.89771 10110, 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. 7. This application is disposed of in the above terms. 08-10-2025ssToGarlapti Chandra SekharD No 2-12 PatibandlaLandmark – Near ChurchGuntur, Andhra Pradesh 533 250 https://www.mhc.tn.gov.in/judis Arb Appln No. 870 of 2025N.ANAND VENKATESH J.ssArb Appln No. 870 of 2025 08-10-2025