M/S.Sundaram Finance Ltd v. Devinder Paul Saini And Another

KRISHNAN RAMASAMY, J., This application has been filed seeking for a direction to appoint an Advocate Commissioner to seize and deliver the Assets 5 Nos of TATA LP 709/42 BUSES as mentioned below 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: Registration No.

Engine No.

Chassis No.

PB-07-BS-7111 4SPCR11BPY607383 MAT513301KFB02159 PB-07-BS-8111 4SPCR11BPY607316 MAT513301KFB02160 PB-07-BU-7111 CPY610861 MAT513301KFC03359 PB-07-BU-8111 4SPCR11CPY611482 MAT513301KFC03569 PB-07-BU-9111 4SPCR11CPY611494 MAT513301KFC03595 2.

The learned counsel appearing for the applicant would submit that the applicant provided loan to the respondent for purchase of the aforementioned Assets 5 Nos of TATA LP 709/42 BUSES. 1/6

Thereupon, the respondent has entered into Loan Agreement dated 27.03.2019 with the applicant. The brief details in nutshell are as follows:

S.No.

Particulars Remarks 1.

Name of the lender The applicant 2.

Name of the borrower The respondent 4.

Date of Loan Agreement 27.03.2019 5.

Loan Amount Rs.75,00,000/- 6.

No.of installments 62 monthly installments 7.

First installment 10.05.2019 8.

Last installment 10.11.2024 9.

Notice 07.10.2021 10.

Reply to the notice 11.

Amount claimed Rs.78,73,110.13/- 12.

Arbitration proceedings initiated Award passed. A suit has been filed by the respondent and the same was withdrawn by the respondent.

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 2/6

deteriorated and hence he would urge this Court to appoint an Advocate Commissioner to seize and handover the vehicle to the applicant bank morefully described in the schedule to the Judges summons available at the respondents premises, in order to make the security effective and the 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. 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 in its favour and accordingly, the Advocates herein below are appointed as Advocate Commissioners:

S.

Name of the Advocate Commissioner Address Mobile Number Ms.T.Vijayalakshmi No.76, Law Chambers, High Court Buildings, Chennai 600 9094075009 Ms.N.Viji Women's Lawyer Association, High Court Buildings, Chennai 600 104 9444483164 3/6

S.

Name of the Advocate Commissioner Address Mobile Number Mr.R.Abdur Rahman No.319, (Old No.155), 4th Floor, Linghi Chetty Street, Parrys, Chennai 600 001.

9894216608 9150124355 and they are directed to seize the Assets 5 Nos of TATA LP 709/42 BUSES as detailed below:

Registration No.

Engine No.

Chassis No.

Name of the Advocate Commissioner PB-07-BS-7111 4SPCR11BPY60 MAT513301KF B02159 Ms.T.Vijayalakshmi PB-07-BS-8111 4SPCR11BPY60 MAT513301KF B02160 Ms.T.Vijayalakshmi PB-07-BU-7111 CPY610861 MAT513301KF C03359 Ms.N.Viji PB-07-BU-8111 4SPCR11CPY61 MAT513301KF C03569 Ms.N.Viji PB-07-BU-9111 4SPCR11CPY61 MAT513301KF C03595 Mr.R.Abdur Rahman lying at the respondents' premises or wherever found and hand over the same to the custody of the applicant. The applicant shall pay a sum of Rs.40,000/- (Rupees Forty Thousand Only) in advance as initial remuneration to each of the Advocate Commissioners viz., 4/6

Ms.T.Vijayalakshmi & Ms.N.Viji and Rs.30,000/- (Rupees Thirty Thousand Only) in advance as initial remuneration to the Advocate Commissioner viz., Mr.R.Abdur Rahman. The expenses towards their travel and stay shall also be defrayed by the applicant.

5. 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. After seizure, the vehicle is to be handed over to the applicant or to their representative, after taking inventories.

6. Accordingly, this Application is disposed of. 5/6

KRISHNAN RAMASAMY, J., nsa

7. List the matter on 07.08.2023 for filing report of the Advocate Commissioner.

27.06.2023 nsa 6/6