✦ High Court of India · 08 Oct 2025

High Court · 2025

Case Details High Court of India · 08 Oct 2025

Court

High Court of India

Decided

08 Oct 2025

Bench

Retired Mr.V.Paul Das

Length

2,247 words

Acts & Sections

Arbitration Act §21 Arbitration Act §9 Arbitration and Conciliation Act 1996

Arbitration Application Nos.923 & 924 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08.10.2025CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHArbitration Application Nos.923 & 924 of 2025M/s.Hinduja Leyland Finance LimitedRep.by its Manager Legal Mr.Samuvel.DHaving its Corporate Office, No.27A,Developed Industrial Estate, Guindy,Chennai 600 032 and its branch at No.480, 4th floor, Khiviraj Complex,Block-2, Nandanam, Chennai 600 035... Applicant in both applicationsvs1.Muralidharan.S S/o.Subramani2.Durga.M. W/o.Muralidharan.. Respondents in both applicationsPrayer in Arb.Appln. No.923 of 2025: To appoint an Advocate Commissioner to seize and deliver the Vehicle ACE Hydraulic Mobile Crane, Vehicle Reg.No.TN-18-BY-9968, Chassis No. ACE0F170AP0769003 and Engine No.E414CDPG443564E. and the said vehicle is available at the respondents premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises.Prayer in Arb.Appln. No.924 of 2025: To appoint an Advocate Commissioner to seize and deliver the Vehicle ACE Hydraulic Mobile Crane, Vehicle Reg.No.TN-18-BY-9912, Chassis No. ACE0F170AP0768824 and Engine No.E414CDPF439169E and the said 1/10 https://www.mhc.tn.gov.in/judis Arbitration Application Nos.923 & 924 of 2025vehicle is available at the respondents premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises.For Applicant : Mr.A.Rajavel[in both applications] For Respondents : Mr.S.Indrajith [R1][in both applications] Advocate Commissioner : [Arb.Appln.No.923/2025] Mr.R.Kamesh Kumar [Arb.Appln.No.924/2025] Mr.V.Pauldas [Retired Judge]*****COMMON ORDERThese applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996, [for brevity 'the Act'] for appointment of an Advocate Commissioner to repossess the vehicle from the respondents.2. These applications came up for hearing on 16.07.2025 and two individual orders were passed by this Court and the same is extracted hereunder:"Arbitration Application No.923 of 2025This 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.2/10 https://www.mhc.tn.gov.in/judis Arbitration Application Nos.923 & 924 of 20252.The respondents are defaulters in re-payment of the loan to the applicant. The period of the loan agreement dated 09.10.2023 has already come to an end. The applicant has already recalled the loan by issuing notice to the respondents. Under the loan agreement, the applicant is empowered to re-possess the vehicle on their own. The applicant has expressed its difficulty to re-possess the vehicle on their own. There exists an arbitration clause on the loan agreement dated 09.10.2023. The applicant has already initiated arbitration in accordance with the arbitration clause by issuing notice to the respondents to comply with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. As on 30.06.2025, a sum of Rs.11,37,018/- is due and payable by the respondents to the applicant as seen from the statement of accounts. Only under the said circumstances, the applicant has filed this application seeking for appointment of an Advocate Commissioner by this Court. 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 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 applicant after re-possession. In order to strike a balance, the following order is passed by this Court:a) Mr.R.Kamesh Kumar, Advocate having address at No.10, 3rd floor Catholic Centre, Armenian street, Chennai 600 104 e-mail [email protected] Mobile No.98403 25371 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 applicant, 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 3/10 https://www.mhc.tn.gov.in/judis Arbitration Application Nos.923 & 924 of 2025that the arrears of installments work out to Rs.11,37,018/-;d) The respondents, on payment of Rs.11,37,018/- to the applicant within a period of three days from the date when the subject vehicle was re-possessed, are entitled for return of the seized vehicle. On receipt of the sum of Rs.11,37,018/- within the stipulated time as stated supra, the applicant shall re-deliver the subject vehicle back to the respondents with proper acknowledgment and the advocate commissioner shall also render proper assistance for the same;e) 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;f) 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.4. Notice to the respondents returnable by 20.08.2025. Private Notice is also permitted.Arbitration Application No.924 of 2025This 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 respondents are defaulters in re-payment of the loan to the applicant. The period of the loan agreement dated 25.08.2023 has already come to an end. The applicant has already recalled the loan by issuing loan recall notice to the respondents. Under the loan agreement, the applicant is empowered to re-4/10 https://www.mhc.tn.gov.in/judis Arbitration Application Nos.923 & 924 of 2025possess the vehicle on their own. The applicant has expressed its difficulty to re-possess the vehicle on their own. There exists an arbitration clause on the loan agreement dated 25.08.2023. The applicant has already initiated arbitration in accordance with the arbitration clause by issuing notice to the respondents to comply with the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. As on 30.06.2025, a total sum of Rs.7,26,291/- is due and payable by the respondents to the applicant as seen from the statement of accounts. Only under the said circumstances, the applicant has filed this application seeking for appointment of an Advocate Commissioner by this Court. 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 the appointment of an Advocate Commissioner, this Court is inclined to appoint an Advocate Commissioner as prayed for in this application. 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 applicant after re-possession. In order to strike a balance, the following order is passed by this Court:a) Mr.V.Paul Das, Judge (Retd) having address at No.66, Additional Law Chamber, High Court Buildings, Chennai 600 104 e-mail [email protected] Mobile No.94434 94445 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 applicant, 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.7,26,291/-;d) The respondents, on payment of Rs.7,26,291/- to the applicant within a period of three days from the date when the 5/10 https://www.mhc.tn.gov.in/judis Arbitration Application Nos.923 & 924 of 2025subject vehicle was re-possessed, are entitled for return of the seized vehicle. On receipt of the sum of Rs.7,26,291/- within the stipulated time as stated supra, the applicant shall re-deliver the subject vehicle back to the respondents with proper acknowledgment and the advocate commissioner shall also render proper assistance for the same;e)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;f)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.4. Notice to the respondents returnable by 20.08.2025. Private Notice is also permitted."3. Pursuant to the above order, notices were sent to the respondents. These applications came up for hearing on 09.09.2025 and this Court passed the following order:"The learned counsel for the respondent sought for some time to file an affidavit in these cases.2.The Advocate Commissioner appointed in Arb.App.No.923 of 2025 sought for extension of time to execute the warrant.6/10 https://www.mhc.tn.gov.in/judis Arbitration Application Nos.923 & 924 of 20253.The Advocate Commissioner appointed in Arb.App.No.924 of 2025 submitted that the vehicle has been seized and handed over to the applicant.4.The learned Advocate Commissioner in Arb.App.No.924 of 2025 sought for additional remuneration. Hence, the applicant is directed to pay a sum of Rs.15,000/- as additional remuneration to the learned Advocate Commissioner.5.Post these applications on 16.09.2025."4. The applications were again listed for hearing on 23.09.2025 and the following order came to be passed by this Court:"On carefully going through the report filed by the learned Advocate Commissioner in Arb.Appln. No.924 of 2025, in paragraph No.3, it is stated that the Advocate Commissioner was prevented from performing his duties as was directed by this Court through the warrant executed in favour of the learned Advocate Commissioner. 2.It is clear that the first respondent and his son virtually threatened the Advocate Commissioner and the son of the respondents, in fact threatened that he will commit suicide by self-immolation by pouring petrol on his own body. To bring the situation under control, it required the service of the police. 3.In the light of the above, there shall be a direction to the first respondent and his son to be present before this Court on the next date of hearing. 4.In so far as Arb.Appln. No.923 of 2025 is concerned, the vehicle is yet to be seized. 5.Learned counsel for the respondents submitted that the respondents are willing to compromise the dispute. 6.Post these applications on 07.10.2025 and on that day the first respondent and his son shall be present before this Court."7/10 https://www.mhc.tn.gov.in/judis Arbitration Application Nos.923 & 924 of 20255. Pursuant to the above order, the first respondent and his son were present before this Court and both of them have filed individual apology affidavits. They have expressed regret for their conduct and have apologized for having conducted in such a manner with the learned Advocate Commissioner.6. The first respondent and his son also tendered their apology to the learned Advocate Commissioner in the open Court.7. In view of the above, this Court is inclined to accept the apology affidavit filed by the first respondent and his son.8. Insofar as Application No.923 of 2025 is concerned, the first respondent has also filed an undertaking affidavit and the relevant portion is extracted hereunder:"3. I hereby undertake that I shall settle the entire dues payable to the Applicant within a period of three months from 07.10.2025. I further undertake that the machinery/vehicle shall not be encumbered, alienated, or otherwise dealt with in any manner whatsoever, and the same shall be kept intact until the repayment of the entire dues. In the event of failure to repay the said dues within the stipulated period, I undertake to forthwith hand over the said machinery/vehicles to the Applicant without 8/10 https://www.mhc.tn.gov.in/judis Arbitration Application Nos.923 & 924 of 2025any demur or objection."9. Insofar as Application No.924 of 2025 is concerned, the vehicle has already been seized by the learned Advocate Commissioner and it has been handed over to the officials belonging to the applicant company. Hence, no further orders are required to be passed insofar as Application No.924 of 2025 is concerned. Insofar as Application No.923 of 2025 is concerned, the undertaking affidavit filed by the first respondent is taken on file and it is made clear that the first respondent shall not alienate or encumber the vehicle in any manner till the amount is repaid as per the undertaking given to this Court.10. Learned counsel for the applicant submitted that already arbitration proceedings have been initiated in both the agreements covered under these applications.N.ANAND VENKATESH, J11. In the result, both the applications are disposed of in the above terms.Post these applications under the caption 'for reporting 9/10 https://www.mhc.tn.gov.in/judis Arbitration Application Nos.923 & 924 of 2025compliance' on 02.01.2026.08.10.2025gmArbitration Application Nos.923 & 924 of 202510/10

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