M/S Daimler Financial Services v. Mukesh Nisad

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.6939 of 2018 M/s.Daimler Financial Services India Private Limited, Unit 202, 2nd Floor, Campus 3B, RMZ Millennia Business Park, 143, Dr.M.G.R. Road, Perungudi, Chennai - 600 096.

Represented by its Authorised Signatory.

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Applicant versus Mukesh Nisad, Kajakpur, Rampur Gorakhpur, Gorakhpur, Near Rampur Market, Uttar Pradesh - 273 016.

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Respondent Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(a)(b)(d) & (e) of the Arbitration and Conciliation Act, 1996, to appoint the authorised agent of the applicant viz. Mr.Ajay Yadav, as Receiver to seize and take possession of the vehicle, which is more fully described in the schedule to the Judges Summons, which is lying 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. For Applicant : Mr.D.Pradeep Kumar 1/4

O R D E R

This application has been filed seeking a direction to appoint the authorised agent of the applicant viz. Mr.Ajay Yadav, as Receiver to seize and take possession of the vehicle, which is more fully described in the schedule to the Judges Summons, which is lying 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 respondent availed of loan from the applicant for purchase of vehicle and executed a loan agreement No..20130920 dated 30.01.2017, for a sum of Rs.13,50,300/- to be paid in 47 monthly installments and the first installment commenced from 03.03.2017 and the re-payments were to run till 03.01.2021. As on 28.08.2018, a sum of Rs.14,28,457.86 is due and payable by the respondent. In terms of the loan agreement executed by the respondent, the applicant is entitled to re-possess the vehicle in the event of default committed by the respondent. It is submitted that the continued use of the vehicle by the respondent would depreciate its value.

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3. Notice sent to the respondent has been returned and an affidavit of service is also filed enclosing returned cover. Though the name of the respondent is printed in the cause list, there is no representation for him either in person or through counsel.

4. Upon considering the facts and circumstances of the case, this Court is satisfied that the applicant has made out a prima facie case in its favour and accordingly, employee of the applicant viz. Mr.Ajay Yadav, Authorised Agent, is appointed as Receiver to take custody of the vehicle. The receiver will be entitled to take possession of the vehicle from the respondent or its agent or any one in possession thereof. If necessary, the Receiver shall get police assistance and the Station House Officer of the concerned Police Station, within whose jurisdiction the vehicle is found, will render requisite assistance for this purpose. This Order shall operate only for a period of six weeks from the date of receipt of a copy of this Order. 3/4

N.SATHISH KUMAR, J.

sri

5. As the learned counsel for the applicant would submit that an award of arbitration between the applicant and the respondent has been passed, the Receiver shall preserve the vehicle without alienating or encumbering thereof till orders are passed by this Court in this application. However, in case the respondent make payment of the outstanding installments, the Receiver shall release the vehicle to the respondent. It is open to the applicant to work out his remedy by enforcing the award as per law.

6. With the above direction, this application is closed. 30.07.2020 sri The counsel for the applicant is permitted to receive the certified copy of the order of the Receiver and communicate the same to the Receiver. Application No.6939 of 2018 4/4