M/s.Mercedes-Benz Financial Services India Private Limited5th Floor, Plot 8, Baashyam Willow Square v. M/s.Brewocrat Services Pvt LtdSecond Floor
Case at a glance
Outcome
Disposed of
1417 of 2025This application is disposed of in the above terms
Provisions considered
Judgment
Arb Appln No. 1417 of 2025DATED: 01-12-2025CORAMTHE HONOURABLE Mr. JUSTICE N. ANAND VENKATESHArb Appln No. 1417 of 2025M/s.Mercedes-Benz Financial Services India Private Limited5th Floor, Plot 8, Baashyam Willow Square 9 & 10First Street, Thiru Vi Ka Industrial Estate, Guindy, Chennai-32Rep. by its Authorised SignatoryApplicant(s)VsM/s.Brewocrat Services Pvt LtdSecond Floor, A- SF-01 Block A Element One Sector 47 49 Gurgaon, Haryana 122 018. Respondent(s)PRAYERTo appoint the Advocate Commissioner to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondents men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary. For Applicant(s):Mr.D.Pradeep KumarORDER https://www.mhc.tn.gov.in/judis Arb Appln No. 1417 of 2025 This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for appointment of a Receiver 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.
Operative part
N. ANAND VENKATESH, J. gya2.When the application came up for hearing on 03.11.2025, this Court, on carefully going through the averments made in the affidavit filed in support of the application, thought it fit to order notice to the respondent to ascertain as to whether the respondent will be willing to settle the dispute. 3. When the matter was taken up for hearing today, affidavit of service has been filed and it is seen that the private notice sent to the respondent has been returned with an endorsement “left”. It is clear from the above that the respondent is evading service, since the notice that was sent to the address found in the agreement, has been returned. The whereabouts of the vehicle is also not known. Hence, the apprehension of the applicant that the respondent is attempting to secret the vehicle is prima facie established. 4. In view of the above, Mr.Prince Walia, Manager, 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. https://www.mhc.tn.gov.in/judis Arb Appln No. 1417 of 2025 This application is disposed of in the above terms.01-12-2025gyaToM/s.Brewocrat Services Pvt LtdSecond Floor, A- SF-01 Block A Element One Sector 47 49 Gurgaon, Haryana 122 018. Arb Appln No. 1417 of 2025
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: 1417 of 2025This application is disposed of in the above terms
Which statutory provisions did this judgment involve?
Arbitration and Conciliation Act, 1996 — s. 9.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.