Arb.Appln.No.53 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.01.2025 CORAM THE HONOURABLE MR.JUSTICE P.B.BALAJI Arb. Appln. No.53 of 2025 M/s. Mercedes - Benz Financial Services India Pvt. Ltd, (formerly known as M/s. Daimler Financial Services India Private Limited), 5th Floor, Plot 8, Baashyam Willow Square, 9 &10, First Street, Thiru vi ka Industrial Estate, Guindy, Chennai-600032, Tamil Nadu, India. Represented by its Authorised Signatory ... Applicant vs. D.K.Sharma ... Respondent PRAYER: This Arbitration Application filed under ORDER XIV RULE 8 OF O.S. RULES READ WITH SEC 9 (II) (d) & (e) OF ARBITRATION ACT 1996, the petitioner prays for appointment of an Advocate Commissioner to seize and deliver the Asset Mercedes-Benz A 200 LIMOUSINE Motor Car bearing Registration No. CH-01-CN-8920, Engine No. 28291430393821 and Chassis No. W1K1771876L000646 available at the Respondent's premises or wherever found and permit the Advocate commissioner to obtain police aid and to break open the premises. 1/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.53 of 2025 For Applicant : Mr.M.Arunachalam ********** ORDER This Application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking to appoint an Advocate Commissioner to seize and deliver the Asset viz., Mercedes-Benz A 200 LIMOUSINE Motor Car bearing Registration No. CH-01-CN-8920, Engine No. 28291430393821 and Chassis No. W1K1771876L000646 available at the Respondent's premises or wherever found and permit the Advocate commissioner to obtain police aid and to break open the premises. 2. The respondent entered into a loan agreement dated 30.08.2021 for purchase of the vehicle, morefully described in the schedule to the Judges Summons. Under the loan agreement, the total loan amount was repayable by the respondent to the applicant in 36 monthly installments commencing from 04.10.2021. 3. As seen from the statement of accounts, which are supported by 2/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.53 of 2025 the averments contained in the affidavit filed in support of the application, the respondent is irregular in making payments of EMI and as such, the over due amount was Rs.27,61,083.85/-/- as on 31.03.2023. There is an Arbitration Clause available in the loan agreement, which is the subject matter of dispute. The applicant has initiated the arbitration proceedings in accordance with the Arbitration Clause and pursuant to which, Award was passed by the Arbitral Tribunal in Arbitration Case No.CSS/MBFSIPL/ARB/L-10/009/2024 dated 26.10.2024. As per the award, the applicant is entitled to repossess the vehicle, morefully described in the schedule to the Judges Summons. The applicant has expressed its difficulty to repossess the vehicle on its own. 4. .The learned counsel for the applicant further submits that the respondent has availed the loan, failed to repay the same. He would submit that the hypothecated vehicle is a movable asset and if it is kept in idle condition, it would get damaged and its value also gets deteriorated and hence he would urge this Court to appoint an Advocate Commissioner to seize and handover the vehicle more fully described in the schedule to the Judge's Summons, available at the respondent's 3/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.53 of 2025 premises to the applicant, in order to make the security effective and so that the money in dispute in arbitration is fully secured by way of sale of the vehicle in public auction after following due process of law. 5. Upon considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant, this Court is inclined to appoint an Advocate Commissioner. Accordingly, this Application is ordered with the following directions: a) Mr.R.P.Ruban Chakravarthy, Advocate having office at No.3, Anna Nagammai Street, Raja Annamalaipuram, Chennai – 600 028, Cell: 63804 37940, E.mail:- rubanserigio4@gmail.com is appointed as an Advocate Commissioner to repossess the vehicle, which is more fully described in the schedule to the Judges Summons viz., Mercedes-Benz A 200 LIMOUSINE Motor Car bearing Registration No. CH-01-CN-8920, Engine No. 28291430393821 and Chassis No. W1K1771876L000646 from the respondent or wherever it is available and handover the same to the applicant by way of interim custody; 4/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.53 of 2025 b) The Advocate Commissioner is permitted to obtain police aid and break open of the premises in case the seized vehicle is kept in a locked premises in the presence of the Police, after taking proper inventory; c) If break open of a lock is required, the Advocate Commissioner shall do so in the presence of the police personnel who will counter sign the record evidencing the break open of the lock and to re-lock the premises. d) If the Advocate Commissioner finds any difficulty with the jurisdictional police, he is at liberty to approach Superintendent of Police, who shall provide all necessary assistance to him at the time of seizure of the vehicle. e) The Advocate Commissioner shall be paid his initial remuneration of Rs.30,000/- (Rupees Thirty Thousand only) within a period of six weeks from the date of receipt of a copy of this order or before the Advocate Commissioner executes the Warrant of Commission in accordance with the directions given by this Court. The Boarding, lodging and travel expenses shall be paid by the applicant to the Advocate Commissioner for executing the warrant of Commission; 5/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.53 of 2025 P.B.BALAJI, J., rkp 6. Notice to the respondent returnable by 27.02.2025. Private Notice is also permitted. 7. Post the matter on 27.02.2025 'for reporting compliance'. 10.01.2025 rkp Index : Yes / No Internet : Yes / No Arb. Appln. No.53 of 2025 10.01.2025 6/6 https://www.mhc.tn.gov.in/judis