M/S Indusind Bank Ltd v. Vasantha Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE M/s.IndusInd Bank Ltd.

Rep. by its Deputy Manager Legal I.J.Vasantha Rooban Abishek Having Office at Consumer Finance Division No.34, G.N.Chetty Road, T.Nagar Chennai-600017.

... Applicant Vs.

Vasantha Kumar ... Respondent PRAYER: Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(1)(2)(ii)(a)(b)(d) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointment of Advocate Commissioner to seize and deliver the vehicle / Machinery JCB INDIA LIMITED, JCB 3DX bearing Vehicle Registration No.H00281363, Vehicle Engine No.TN14 X 2089 and Vehicle Chassis No. RAJ 3DX SST 0296 4923 to the custody of the applicant, available at the respondent premises or wherever found and with whomsoever it is found and permit the Advocate Commissioner to obtain police aid and to break open the premises. For Applicant : Ms.Meera Gnanasekar

O R D E R

It is represented by the learned counsel for the applicant that the claim was settled by the respondents, subsequent to the visit made by the Advocate Commissioner to the respondent premises for the purpose of executing the Warrant of Commission and she has made an endorsement to that effect in the Court bundle.

2. The initial remuneration has been paid to the Advocate Commissioner. Since the claim of the applicant has been settled on account of the efforts taken by the Advocate Commissioner, this Court is directing the applicant to pay an additional remuneration of Rs.20,000/- to the Advocate Commissioner within a period of two(2) weeks for the date of receipt of a copy of this order.

3. Since the claim of the applicant is settled out of the Court, this application is dismissed as settled out of Court. No costs. 18.06.2025 Index: Yes/ No Speaking order / Non speaking order Maya

ABDUL QUDDHOSE, J.

Maya Dated : 18.06.2025