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Madras High CourtArb O.P(COM.DIV.)/44/2026withdrawn dismissed

M/S.Mercedes - Benz Financial Services India Pvt. Ltd., v. Avanish Kumar Singh

2026-06-04Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU and Arb.Appln. No.1426 of 2025 M/s.Mercedes - Benz Financial Services India Pvt. Ltd., 5th Floor, Plot 8, Baashyam Willow Square, 9 and 10, First Street, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032, Tamil Nadu.

Represented by its Authorised Signatory Mr.S.Sadam Hussain ..Petitioner(s) in both Original Petition and Application Vs Avanish Kumar Singh S/o.Indrajeet singh, 1402 G4, Unnathi Woods, Kaasarwadavali, Phase 7, G B road, Thane - 400 615, Maharashtra.

Also at H.No.14-43-AG-14, Ace Shopping Mall, Dilip Nagar Cross Lane no.01, Kathiria Nani, Daman, UT of DNH and DD, Daman and Diu - 396 210.

..Respondent(s) in both Original Petition and Application

PRAYER in :- Arbitration Original Petition filed under Section 11(6) of the Arbitration Conciliation Act, 1996, to appoint a Sole Arbitrator to adjudicate upon the differences and disputes between the parties under the Loan Agreement and Unattested Deed of Hypothecation dated 27.12.2024 in respect of Contract No.10170228. PRAYER in Arb.Appln. No.1426 of 2025:

Arbitration Application filed to appoint an Advocate Commissioner to seize and deliver the Asset MercedesBenz GLE 300 D 4MATIC LWB Motor Car bearing Registration No.DD-03M-7975, Engine No.65482080234524 and Chassis No.W1NFB0KB4SM027581 available at the respondent's premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises and pass such other orders.

In both Original Petition and Application:- For Petitioner(s):

Mr.M.Arunachalam For Respondent(s):

No appearance COMMON ORDER When the matter was taken up for the hearing, the learned counsel appearing for the petitioner sought permission of this Court to withdraw this Original Petition as well as the Application with liberty to file a fresh Petition and had also made an endorsement to that effect in the Court bundle.

2.Recording the said submission, no further orders is required in this Original Petition as well as the Application and hence, the same are dismissed as withdrawn with liberty as sought for. However, there shall be no orders as to costs.

04-06-2026 Index: Yes/No Speaking/Non-speaking order GBA

K.KUMARESH BABU, J.

GBA and Arb.Appln. No.1426 of 2025 04-06-2026