High Court · 2025

Arb.Appln.Nos.1140 & 1141 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.10.2025CORAM:THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arbitration Application Nos.1140 & 1141 of 2025M/s IndusInd Bank LtdRep. by its Assistant Vice President, A. Ganesh Kumar, Consumer Finance Division, No. 34, G N Chetty Road, T Nagar, Chennai - 600017. ... Applicantin both Applns.Vs.1. M/s Neeraj Dangi Construction Pvt LtdRep.by its Director Mr.Sudhir Kumar, 1st Floor, Shop No.3, Near Sunil Hotel, Sheela Bypass, Rohtak, Haryana 124 001.2.Mr Sudhir KumarMr. Sudhir Kumar, S/o. Inder Singh, H. No. 1079, Opp. Community Centre, Sec. -2, Rohtak, Haryana - 124001. ...Respondentsin both Applns.Prayer: Arbitration Application No.1140 of 2025 filed under Order XIV Rule 8 of O.S. Rules read with Section 9(1)(2)(a)(b)(d) & (e) of the Arbitration Act, 1996, to appoint an Advocate Commissioner to seize and deliver the vehicle/machine EICHER, Eicher Pro 6028T G BS6 LY PRM 11X20 16BB 1/8 https://www.mhc.tn.gov.in/judis Arb.Appln.Nos.1140 & 1141 of 2025GTM bearing Vehicle Reg.No.HR46G6399 Vehicle Engine No.VEDX8 621174 K6 P and Chassis No.MC2BAGRC0PE096157 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomseover it is found and permit the Advocate Commissioner to obtain Police aid and to break open the premises.Arbitration Application No.1141 of 2025 filed under Order XIV Rule 8 of O.S. Rules read with Section 9(1)(2)(a)(b)(d) & (e) of the Arbitration Act, 1996, to appoint an Advocate Commissioner to seize and deliver the vehicle/machine EICHER, Eicher Pro 6028T G BS6 LY PRM 11X20 16BB GTM bearing Vehicle Reg.No.HR46G5287 Vehicle Engine No.VEDX8 621175 K6 P and Chassis No.MC2BAGRC0PE096158 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.For Applicant in both applns.: Ms.Meera GnanasekarC O M M O N O R D E R These applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Act No.26 of 1996) for appointment of an Advocate Commissioner to seize and deliver the Vehicles more fully described in the schedule to the Judges Summons.2/8 https://www.mhc.tn.gov.in/judis Arb.Appln.Nos.1140 & 1141 of 20252. When these applications came up for hearing on 20.08.2025, this Court passed the following common order:-"These applications have been filed under Section 9 of the Arbitration and Conciliation Act, seeking for appointment of advocate commissioners to repossess the respective vehicles / equipments more fully described in the respective schedule to the respective Judges Summons from the respondents or wherever available.2. The respondents are defaulters in the repayment of the loan to the applicant. They had availed loan for the purchase of vehicles / equipments. The vehicles / equipments hypothecated to the applicant are more fully described in the respective schedule to the respective Judges Summons in these applications. Under the respective loan agreements, the applicant is empowered to repossess the vehicles / equipments from the respondents, in case they commit default in the repayment of the loan to the applicant. There exists an arbitration clause in the loan contracts, which are the subject matter of these applications. The applicant has expressed its willingness to go for arbitration in accordance with the arbitration clause contained in the respective agreements. 3. Since the applicant has been unable to repossess the vehicles / equipments on their own, they have filed this application seeking for appointment of advocate commissioners by this Court to repossess the vehicles / equipments from the respondents or wherever available. The details of the amounts due and payable by the respondents to the applicant are furnished below:Arb. Appln. No.No. of installments dueArrears of Installments (in Rs.)Total outstanding amount (in Rs.)1140 of 20251215,67,03332,21,6351141 of 20251317,02,03333,57,4343/8 https://www.mhc.tn.gov.in/judis Arb.Appln.Nos.1140 & 1141 of 2025Arb. Appln. No.No. of installments dueArrears of Installments (in Rs.)Total outstanding amount (in Rs.)1142 of 20251215,67,02232,21,6241143 of 20251317,02,78433,57,3864. This Court after giving due consideration to the contents of the affidavit filed in support of these applications as well as the documents filed along with these applications, is of the considered view that a prima facie case has been made out by the applicant for the appointment of advocate commissioners by this Court to repossess the vehicles / equipments from the respondents or wherever available. However, in order to strike a balance to enable the respondents to get back possession of the vehicles / equipments once they are repossessed by the advocate commissioners, this Court deems it fit to put the respondents on terms by directing the respondents to pay the arrears of installments due as on date under the respective contracts within a period of three days from the date when the advocate commissioners repossess the vehicles / equipments from the respondents or wherever available. 5. The details of the amounts due and payable by the respondents within a period of three days from the date of the respective communication from the Advocate Commissioners under each of the loan agreements to enable them to get back the vehicles / equipments from the applicant after they are repossessed by the Advocate Commissioners are as follows:Arb. Appln. No.Arrears of Installments (in Rs.)1140 of 202515,67,0331141 of 202517,02,0331142 of 202515,67,0224/8 https://www.mhc.tn.gov.in/judis Arb.Appln.Nos.1140 & 1141 of 2025Arb. Appln. No.Arrears of Installments (in Rs.)1143 of 202517,02,7846. Accordingly, the following directions are issued by this Court:a) R. Dayan Shariff, Advocate having address at Old No.152, New No.315, 3rd floor, Thambu Chetty Street, Chennai - 600 001 (Mob. No.91760 78958) is appointed as the advocate commissioner to re-posses the vehicles / equipments morefully described in the respective schedule to the respective Judges Summons from the respondents or from their premises or wherever available in Arb. Appln. Nos.1140 and 1141 of 2025;b) Anbarasi Rajendran, Advocate having address at No.76, III floor, Marshall Enclave, Chennai - 600 008 (Mob. No.95001 04903) is appointed as the advocate commissioner to re-posses the vehicles / equipments morefully described in the respective schedule to the respective Judges Summons from the respondents or from their premises or wherever available in Arb. Appln. Nos.1142 and 1143 of 2025 ;d) The advocate commissioners after re-possessing the respective vehicles / equipments, shall handover interim custody of the same to the applicant, who shall keep it in their safe custody;e) The advocate commissioners, immediately after re-possessing the respective equipment, shall intimate the respondents either through Registered Post with Acknowledgment Due (RPAD) or by hand delivery through a written communication, that they are in arrears of installments payable to the applicant;f) The respondents on payment of the respective arrears of installments as disclosed in paragraph No.5 of this order to the applicant within a period of three days from the date when the respective vehicles / equipments were re-possessed, are entitled for return of the seized respective vehicles / equipments, provided an undertaking is given by the respondents that the respondents shall pay the future installments on the due dates, without any default. On receipt 5/8 https://www.mhc.tn.gov.in/judis Arb.Appln.Nos.1140 & 1141 of 2025of the arrears of installments within the stipulated time as stated supra, the applicant shall redeliver the respective vehicles / equipments back to the respondents with proper acknowledgment and the advocate commissioners shall also render proper assistance for the same;g) 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 / equipments shall also be redelivered back to the respondents by the applicant unconditionally;h) In case, the advocate commissioners require 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 respective vehicles / equipments, 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 respective vehicles / equipments 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 respective vehicles / equipments;i) Each of the advocate commissioners shall be paid an initial remuneration of Rs.40,000/-, 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.7. Notice to the respondents, returnable by 24.09.2025. Private Notice is also permitted."6/8 https://www.mhc.tn.gov.in/judis Arb.Appln.Nos.1140 & 1141 of 20253. Pursuant to the above common order, learned Advocate Commissioner has submitted a report dated 15.10.2025 and it is seen that the subject vehicles have been seized and handed over to the applicant.4. Notice sent to the first respondent has been returned with an endorsement "Left without instructions" and notice sent to the second respondent has been served and affidavit of service has been filed. However, there is no representation for the respondents either in person or through counsel.5. In view of the above, no further orders are required to be passed in these applications and these Applications are disposed of, accordingly.6. There shall be a direction to the applicant to pay an additional remuneration of Rs.15,000/- to the learned Advocate Commissioner. 15.10.2025mkIndex: Yes/NoSpeaking Order/Non-Speaking OrderNeutral Citation Case : Yes/No7/8 https://www.mhc.tn.gov.in/judis Arb.Appln.Nos.1140 & 1141 of 2025N.ANAND VENKATESH, J.mk Arbitration Application Nos.1140 & 1141 of 202515.10.2025(1/2)8/8