Arb.Appln.No.324 of 2024 Arb.Appln.No.324 of 2024 K.KUMARESH BABU,J. This application has been filed for an order of appointment of an Advocate Commissioner to seize and deliver the vehicle Asset Mercedes-Benz C 300 D Motor Car, bearing Registration No. KA-03-NQ-1624, Engine No.65482080059824, Chassis No.W1KAF0GB0PL007037 with all accessories fitted to the Vehicle lying at respondent's premises, with police aid or break open the premises of from wherever found and handover the same to the applicant. 2. The learned counsel for the applicant would submit that the respondent, having availed the loan, failed to repay the same. Hence, this court by its earlier order dated 21.12.2023 in Arbitration Appln.No.659 of 2023 had appointed an Advocate Commissioner to seize the vehicle. The said warrant came to be executed by the said Advocate Commissioner and had handedover the vehicle. Thereafter by an order dated 29.01.2024 on the representation made by the learned counsel for the respondent that the outstanding dues will be paid, this Court had directed the applicant to release the vehicle if, the payments were made. Thereafter, by a further order dated 31.01.2024, after issuance of series of directions to the respondent to make payments, the vehicle was directed to be released . Page No.1/5 https://www.mhc.tn.gov.in/judis Arb.Appln.No.324 of 2024 3.On 19.02.2024, this court recording the statement of the applicant that the vehicle was handedover back to the respondent as the respondent had regularised the default and had also granted liberty to the applicant to approach the Court in case of further defaults committed by the respondent. It is the case of the applicant that after April, 2024, the respondent agains started to make default on payment. He submitted 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 having no other option, the applicant had approached this Court seeking for an appointment of Advocate Commissioner to reposses the vehicle morefully described in the schedule to the Judges summons available at the respondent's premises to the applicant bank, in order to make the security effective and 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. 4.I have perused the affidavit filed in support of this Application and also various orders passed by this Court which had been relied upon by the learned counsel for the applicant. 5.I am satisfied that the respondent had committed default in making Page No.2/5 https://www.mhc.tn.gov.in/judis Arb.Appln.No.324 of 2024 the payment. Even though, notice has been originally ordered on the respondent, the same had been returned with an endorsement “no such person”. It is to be noted that the respondent herein had also filed an affidavit before this Court on 31.01.2024, wherein he had given the very same address as his residential address. Since, the respondent had committed default and this Court had already granted liberty to the applicant to approach for necessary orders, I am inclined to appoint an Advocate Commissioner. 6. Upon considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant, this Court is satisfied that the applicant has made out a case in its favour and accordingly, Mr.S.Manikandan, Advocate, No.40, Panchayath Main Road, Perungudi, Chennai- 600 096, Mobile No.7339513999, is appointed as the Advocate Commissioner to seize the vehicle Asset Mercedes-Benz C 300 D Motor Car, bearing Registration No. KA-03-NQ-1624, Engine No.65482080059824, Chassis No.W1KAF0GB0PL007037 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and hand over the same to the custody of the applicant. He shall be paid his initial remuneration of Rs.30,000/- (Rupees Thirty Thousand Only) in advance. The expenses towards his travel and stay shall be defrayed by the applicant. The Page No.3/5 https://www.mhc.tn.gov.in/judis Arb.Appln.No.324 of 2024 said initial remuneration shall be paid to the Advocate Commissioner within a period of two weeks from the date of receipt of communication from him. 7.It is hereby made clear that if police help is required, the Advocate Commissioner shall make a request to the local police station within whose K.KUMARESH BABU, J. gba jurisdiction the vehicle is found and on such request being made, the Station House Officer shall send the Police Personnel along with the Advocate Commissioner to seize the vehicle. 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. If the Advocate Commissioner find any difficulty with the jurisdictional police, he is at liberty to approach Superintendent of Police, who shall provide all necessary assistance to the Advocate Commissioner at the time of seizure of the vehicle. After the seizure, the vehicle is to be handed over to the applicant or to their representative, after taking inventories. 8. List the case on 04.10.2024 for filling of the report of the Advocate Commissioner. 22.08.2024 Page No.4/5 https://www.mhc.tn.gov.in/judis Arb.Appln.No.324 of 2024 Arb.Appln.No.324 of 2024. 22.08.2024 Page No.5/5 https://www.mhc.tn.gov.in/judis