1 Arb Appln No. 51 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2025 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln. No. 51 of 2025 Axis Bank Limited Thambu Chetty Street Appellant(s) Vs Mrs.Arram Sudha 10 4 46 3 Vavilalapally Karim Nagar, Telangana 505 001 Also At M/s.Sai Hasini Seeds And PesticidesThambu Chetty Street Respondent(s) For Appellant(s): Mr. Ra.Sivadhara Adiyaman for M/s.O M Gujar Law Chambers For Respondent(s): ORDER Learned counsel for the applicant would submit that though this Court had earlier appointed the applicant's own employee as a party receiver to repossess the vehicle, the applicant is now willing for appointment of an Advocate Commissioner by this Court in the place of the party receiver. He has also submitted that he has received instructions that the vehicle is now traceable. 2. This Court, by its order dated 10.01.2025 had appointed the applicant's own employee as a party receiver for repossessing the vehicle from the respondent or wherever it is available. https://www.mhc.tn.gov.in/judis 2 3. Admittedly, till date, the vehicle has not been repossessed by the party receiver since the same was not traceable earlier. Since the vehicle is now traceable and the applicant is willing for appointment of an Advocate Commissioner by this Court, this Court is inclined to appoint an Advocate Commissioner for the purpose of re-possessing the vehicle which is the subject matter of the loan agreement dated 11.05.2020 entered into between the applicant and the respondent. Accordingly, the following order is passed by this Court: a) Mr.D.Maharaja, Advocate, having office at No.125/257, Angappan Nayakar Street, 4th Floor, Canara Bank Building, Chennai - 600 001 (Mobile No.8608617967) is appointed as Advocate Commissioner to re-possess the vehicle morefully described in the schedule to the Judges Summons from the respondent premises or wherever it is 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 respondent either through Registered Post with Acknowledgment Due (RPAD) or by hand delivery through a written communication, that the amount due as on 19.12.2024 is Rs.4,30,324.82ps.; https://www.mhc.tn.gov.in/judis 3 d) The respondent on payment of Rs.4,30,324.82ps. to the applicant within a period of three days from the date when the subject vehicle is re-possessed, is entitled for return of the seized vehicle. On receipt of the sum of Rs.4,30,324.82ps. within the stipulated time as stated supra, the applicant shall redeliver the subject vehicle back to the respondent with proper acknowledgment and the Advocate Commissioner shall also render proper assistance for the same; e) The applicant shall initiate arbitration in accordance with the arbitration agreement contained in the contract 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 vehicle shall also be redelivered back to the respondent by the applicant unconditionally; f) In case, the Advocate Commissioner requires Police 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 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 https://www.mhc.tn.gov.in/judis 4 ABDUL QUDDHOSE,J. vsi 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-possess the vehicle; g) 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. 7. Fresh notice to the respondent, returnable by 12.03.2025. Private Notice is also permitted. 8. Post the matter on 12.03.2025 for filing report by the Advocate Commissioner. 12-02-2025 vsi To 1. Mrs.Arram Sudha 10 4 46 3 Vavilalapally Karim Nagar, Telangana 505 001 Also At M/s.Sai Hasini Seeds And PesticidesThambu Chetty Street Arb.A.No. 51 of 2025 https://www.mhc.tn.gov.in/judis