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Madras High CourtArb Appln/53/2026allowed

International Asset Reconstruction Company Pvt Ltd v. V Sudhanthiramani

2026-02-26Honourable Mr Justice N. Anand Venkatesh2 pages

Arbitration Application No.53 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arbitration Application No.53 of 2026 M/s.International Asset Reconstruction Company Pvt. Ltd. (IARC), Having office at No.2-B, K.G.Retreat, Old No.119, New No.26, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

represented by its Authorised Signatory Mr.M.Dinakaran Gangadharan .... Applicant Vs.

V.Sudhanthiramani S/o.Vairavan .... Respondent Arbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9(1)(ii)(d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to seize and deliver the "TOYOTA INNOVA 2.5 V 7 STR DIESEL" vehicle bearing Registration No.TN 55 AD 0055, Chassis No.MBJ11JV40073897240113, Engine No.2KDU230938 available at the respondent's premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises.

For Applicant : Ms.E.Janani *****

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for appointment of an Advocate Commissioner for seizing the vehicle in the custody of the respondent, if necessary, with police protection and by breaking open the premises. 1/2 https://www.mhc.tn.gov.in/judis

Arbitration Application No.53 of 2026 N.ANAND VENKATESH, J.

gm

2. When the application came up for hearing on 23.01.2026, this Court issued notice to the respondent.

3. Private notice has been served on the respondent and affidavit of service has also been filed. The name of the respondent is also printed in the cause list. However, the respondent is neither present nor represented through counsel. Hence, the apprehension raised on the side of the applicant that the respondent is trying to secret the vehicle is prima facie established.

4. In view of the above, Mr.M.Dinakar Gangadharan, Area Resolution Manager, is appointed as the Court receiver and the Court receiver is permitted to seize the vehicle from the respondent or wherever it is found and by breaking open the premises, if required with police assistance.

This application stands disposed of in the above terms. 26.02.2026 Index:yes/no Speaking order/Non-speaking order NCC:yes/no gm Arbitration Application No.53 of 2026 2/2 https://www.mhc.tn.gov.in/judis