Arb Appln No. 249 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-06-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU Arb Appln No. 249 of 2026 M/s.Cholamandalam Investment and Finance Company Limited, Chola Crest, C54-55 & Super B – 4, Thiru-vi-ka Industrial Estate, Guindy, Chennai – 600 032, Represented by its Authorised Signatory ..Applicant Vs Vinoth C ..Respondent For Applicant : Mr.D.Pradeep Kumar For Respondent : No appearance O R D E R This application has been filed for an order of appointment of an Advocate Commissioner to seize and deliver the Vehicle which is morefully described in the schedule to the Judges Summons which is lyiing in the custody of respondent or respondent’s men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary. 2. The learned counsel appearing for the applicant would submit that the applicant provided a loan to the respondent for the purchase of the asset vehicle https://www.mhc.tn.gov.in/judis Arb Appln No. 249 of 2026 __________ Page2 of 6 and also a Loan Agreement had also been entered by the respondent with the applicant on 17.12.2024. The brief details in nutshell are as follows: S.No. Particulars Remarks 1 Name of the Lender M/s.Cholamandalam Investment and Finance Company Limited, 2 Name of the Borrower Vinoth C 3 Date of the Loan Agreement 17.12.2024 4 Loan amount Rs.16,11,925/- 5 No. of installments 60 Instalments 6 First installment 20.01.2025 7 Last installment 20.12.2029 8 Notice 22.09.2025 9 Reply to the Notice Nil 10 Rate of interest 12.99970 11 Amount claimed (as on 22.09.2025) Rs.15,09,289 12 Arbitration proceedings initiated Arbitration proceedings initiated 3. The learned counsel for the applicant further submits that the respondent, having 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 re-possess the asset morefully described in the schedule to the Judges summons available at the respondent's premises, in order to make the security effective and the https://www.mhc.tn.gov.in/judis Arb Appln No. 249 of 2026 __________ Page3 of 6 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. 4. In spite of notice having been effected on the respondent, the respondent had neither chosen to appear before this Court in person nor is being represented by a counsel. The name of the respondent has been reflected in the cause-list. He was called absent and set ex parte. 5. I have considered the submissions made by the learned counsel for the applicant and also perused the materials placed on record. 6. This Court is of the view that the applicant has made out a prima facie case for appointment of an Advocate Commissioner. It is also to be noted that notice under Section 21 of the Arbitration and Conciliation Act had been issued. 7. 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 to appoint an Advocate Commissioner. Accordingly, Ms.Sivagami S, (Enrl.No.2192/2005) Advocate, having office at Women Lawyer’s Association, 1st Floor, Additional Law Chamber, High Court Building, Chennai – 600 104, (Mob. No.8056-225502) is appointed as the Advocate Commissioner to seize the vehicle viz.,Mahindra https://www.mhc.tn.gov.in/judis Arb Appln No. 249 of 2026 __________ Page4 of 6 Thar LX, bearing Engine No.YKR4M48619, Chassis No.MA1UJ4YK2R2M36905 and Registration No.TN24BE8055 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 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. 8. 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 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, she 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. https://www.mhc.tn.gov.in/judis Arb Appln No. 249 of 2026 __________ Page5 of 6 9. If the respondent makes good the unpaid installments or makes substantial payments of the dues to be paid to the satisfaction of the applicant, the applicant shall return the asset in the condition it was re-possessed. 10. With the above said terms, this application stands disposed of. 11. A report shall be filed by the learned Advocate Commissioner within a period of six (6) weeks. 18-06-2026 Maya Copy to Ms.Sivagami S, (Enrl.No.2192/2005) Advocate, Women Lawyer’s Association, 1st Floor, Additional Law Chamber, High Court Building, Chennai – 600 104. (Mob. No.8056-225502) https://www.mhc.tn.gov.in/judis Arb Appln No. 249 of 2026 __________ Page6 of 6 K.KUMARESH BABU, J. Maya Arb Appln No. 249 of 2026 Dated : 18-06-2026 https://www.mhc.tn.gov.in/judis