High Court · 2025

Arb Appln Nos. 1019 to 1026 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-10-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHArb Appln Nos. 1019 to 1026 of 2025M/s. IndusInd Bank Ltd., Consumer Finance Division Rep. by its Assistant Vice President, A. Ganesh Kumar, No. 34, G N Chetty Road, T Nagar, Chennai - 600017. Applicant in all Arb ApplnsVsSunil Bhagwat PawarA/P Wadgaon (SH) TQ Kalamb, Dist, O Bad, Maharashtra 413 528 Also at: AP Murud TQ Murud, Near Barshi Road, Dist, Latur, Pune, Latur Maharashtra 411 028. Respondent in all Arb ApplnsArb Appln No. 1019 of 2025PRAYERTo pass an order of appointment of an Advocate Commissioner to seize and deliver the vehicle/machine Ashok Leyland Ltd, UE2820 T 6X4 TIPPER 3900MM WB bearing Vehicle Registration No.MH25AJ4055 Vehicle Engine No.MBPZ117789 and Chassis No.MB1H3LHD0MPB0807 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises. https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 Arb Appln No. 1020 of 2025PRAYERTo pass an order of appointment of an Advocate Commissioner to seize and deliver the vehicle/machine Ashok Leyland Ltd, UE2820 T 6X4 TIPPER 3900MM WB bearing Vehicle Registration No.MH25AJ4054 Vehicle Engine No.MAHZ419342 and Chassis No.MB1H3LHD0MRNT5147 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises.Arb Appln No. 1021 of 2025PRAYERTo pass an order of appointment of an Advocate Commissioner to seize and deliver the vehicle/machine Ashok Leyland Ltd, AL N 2518 6X4 TIPPER 3900MM (153”) WB BSIV bearing Vehicle Registration No.MH25AJ1842 Vehicle Engine No.KGPZ113465 and Chassis No.MB1HRLHD8KPGJ2844 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises.Arb Appln No. 1022 of 2025PRAYERTo pass an order of appointment of an Advocate Commissioner to seize and deliver the vehicle/machine Ashok Leyland Ltd, AL N 2518 6X4 TIPPER 3900MM (153”) WB BSIV bearing Vehicle Registration No.MH25AJ1599 Vehicle Engine No.JWHZ448328 and Chassis No.MB1HTLHD3KRGB4632to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises.Arb Appln No. 1023 of 2025PRAYERTo pass an order of appointment of an Advocate Commissioner to seize and deliver the vehicle/machine Ashok Leyland Ltd, AL N 2518 6X4 TIPPER 3900MM (153”) WB BSIV bearing Vehicle Registration No.MH25AJ1601 https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 Vehicle Engine No.JKHZ108102 and Chassis No.MB1HTLHD3KRGB6046 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises.Arb Appln No. 1024 of 2025PRAYERTo pass an order of appointment of an Advocate Commissioner to seize and deliver the vehicle/machine Ashok Leyland Ltd, AL N 2518 6X4 TIPPER 3900MM (153”) WB BSIV bearing Vehicle Registration No.MH25AJ1602 Vehicle Engine No.JKHZ108550 and Chassis No.MB1HTLHDXKRGB4921 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises.Arb Appln No. 1025 of 2025PRAYERTo pass an order of appointment of an Advocate Commissioner to seize and deliver the vehicle/machine Ashok Leyland Ltd, UE2820 T 6X4 TIPPER 3900MM WB bearing Vehicle Registration No.MH25AJ4053 Vehicle Engine No.MNHZ420948 and Chassis No.MB1H3LHD6MRNT7548 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises.Arb Appln No. 1026 of 2025PRAYERTo pass an order of appointment of an Advocate Commissioner to seize and deliver the vehicle/machine Ashok Leyland Ltd, AL N 2518 6X4 TIPPER 3900MM (153”) WB BSIV bearing Vehicle Registration No.MH25AJ1598 Vehicle Engine No.JKHZ106821 and Chassis No.MB1HTLHD0KRGB4636 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises. https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 For Applicant::Mrs.Meera GnanasekarFor Respondent:Mr.G.VinothAdvocate Commissioner in Arb.Appln Nos.1019 to 1022 of 2025Mr.G.MohanrajAdvocate Commissioner inArb Appln Nos.1023 to 1026 of 2025COMMON ORDERThese applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of Advocate Commissioner(s) to seize the respective subject vehicles/machines which are 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 these applications came up for hearing on 31.07.2025, this Court passed the following order:-“These applications have been filed under Section 9 of the Arbitration and Conciliation Act, seeking for appointment of advocate commissioners to repossess the vehicles more fully described in the respective schedule to the respective Judges Summons from the respondent or wherever available. 2. The respondent in all these applications is one and the same. He is a defaulter in the repayment of loan to the applicant. Under the respective loan agreements, the https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 respondent had availed loan for the purchase of vehicles, which are morefully described in the respective schedule to the respective Judges Summons to these applications. The details of the outstanding amounts due and payable by the respondent under the respective loan agreements to the applicant are as follows: Arb Appln No.No. of installments dueArrears of Installments (in Rs.)Total outstanding amount (in Rs.)1019 of 2025 86,56,31016,08,4531020 of 202587,41,86816,94,0111021 of 202563,19,1807,45,5101022 of 202563,19,6807,46,0111023 of 202562,68,7566,95,0861024 of 202562,68,5347,12,4791025 of 202587,42,09416,94,2371026 of 202563,15,5497,41,8803. Under the respective loan agreements, the applicant is empowered to repossess the vehicles in case the respondent commits default in the repayment of the loan as per the terms and conditions of the respective loan agreements. The applicant has expressed its difficulties to repossess the vehicle on their own and only under those circumstances, they have filed these applications, seeking for appointment of advocate commissioners to repossess the vehicles from the respondent or wherever available. 4. This Court after giving due consideration to the documents filed along with these applications as well as the contents of the affidavit filed in support of these applications, is of the considered view that a prima facie case has been made out by the applicant for the https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 appointment of advocate commissioners as prayed for in these applications. However, to strike a balance and to enable the respondent to get back the repossessed vehicles, the respondent has to be put on terms by directing the respondent to pay the arrears of installments due as on date to the applicant within a period of three days from the date when the vehicles were repossessed from the respondent or wherever available. 5. Since the respondent is one and the same in all these applications, and it is also represented that the vehicles are at Maharashtra, this Court deems it fit to appoint two advocate commissioners for repossessing the vehicles, morefully described in the respective schedule to the respective Judges Summons to these applications. Accordingly, the following directions are issued: a) G. Vinoth, Advocate having address at No.1/205, Palayakar Street, Goonipalayam Post and Village, Uthukottai Taluk, Tiruvallur - 602 206 (Mob. No. 97871 63510) is appointed as the advocate commissioner to repossess the vehicles morefully described in the respective schedule to the respective Judges Summons from the respondent or from his premises or wherever available in Arb. Appln. Nos.1019 to 1022 of 2025; b) G. Mohanraj , Advocate having address at No.14/2, New Magazine Road, Vyasarpadi, Chennai - 600 039 (Mob. No.90944 71190) is appointed as the advocate commissioner to re-possess the vehicles morefully described in the respective schedule to the respective Judges Summons from the respondent or from his premises or wherever available in Arb. Appln. Nos.1023 to 1026 of 2025; https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 c) The advocate commissioners after re-possessing the vehicles, shall handover interim custody of the same to the applicant, who shall keep it in their safe custody; d) The advocate commissioners, immediately after re-possessing the respective equipment, shall intimate the respondent either through Registered Post with Acknowledgment Due (RPAD) or by hand delivery through a written communication, that he is in arrears of installments payable to the applicant; e) The respondent on payment of the respective arrears of installments as disclosed supra, to the applicant within a period of three days from the date when the vehicles were re-possessed, are entitled for return of the seized vehicles, provided an undertaking is given by the respondent that the respondent shall pay the future installments on the due dates, without any default. On receipt of the arrears of installments within the stipulated time as stated supra, the applicant shall redeliver the vehicles back to the respondent with proper acknowledgment and the advocate commissioners shall also render proper assistance for the same; f) The applicant shall initiate arbitration in accordance with the arbitration agreement contained in the respective contracts 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 vehicles shall also be redelivered back to the respondent by the applicant unconditionally; g) In case, the advocate commissioners require Police https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 assistance due to any law and order problem or due to any obstruction caused by the respondent or by any third party, while re-possessing the vehicles, the advocate commissioners are 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 vehicles are located, if required, the advocate commissioners shall break open the premises in the presence of the police and take an inventory and thereafter re-posses the vehicles; h) Each of the advocate commissioners shall be paid an initial remuneration of Rs.50,000/-, which is payable by the applicant; the applicant shall pay the same before the execution of the warrant of commission; and on receipt of the same, the advocate commissioners shall proceed to execute this order. All the boarding, lodging and travelling expenses for the advocate commissioners shall be borne by the applicant. 6. Notice to the respondent, returnable by 04.09.2025. Private Notice is also permitted. ” 3. Notice has been served on the respondent and the affidavit of service has also been filed. Though the name of the respondent is printed in the cause list, there is no appearance either in person or through counsel.4. It is brought to the notice of this Court that till date, the Advocate Commissioners are not able to seize the respective subject vehicles/machines and the applicant is in the process of finding out the whereabouts of the https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 vehicles/machines. The learned counsel for applicant further submitted that the initial remuneration has already been paid to the learned Advocate Commissioners. 5. It is clear from the above that the respondent has not chosen to appear before the Court and the whereabouts of the subject vehicles/machines are also not able to be ascertained. Hence the apprehension raised on the side of the applicant that the respondent is trying to secret the vehicles/machines is prima facie established. 6. Hence, in the place of the Advocate Commissioners, Mr.Samindar Raghuram Katke, Branch Head, Employee ID-IBLR09866, Grade-MGR is appointed as Receiver for seizing the subject vehicles/machines from the respondent or wherever they are found and by breaking open the premises, if required, with police aid. 7. These applications are disposed of in the above terms. 08-10-2025ss https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 ToMr.Sunil Bhagwat PawarA/P Wadgaon (SH) TQ Kalamb, Dist, O Bad, Maharashtra 413 528 Also at: AP Murud TQ Murud, Near Barshi Road, Dist, Latur, Pune, Latur Maharashtra 411 028. https://www.mhc.tn.gov.in/judis Arb Appln Nos. 1019 to 1026 of 2025 N.ANAND VENKATESH J.ssArb Appln Nos. 1019 to 1026 of 202508-10-2025