Mercedes Benz Financial Services India Private Limited v. M/S Vdv Pharmaceuticals Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE M/s.Mercedes-Benz Financial Services India Private Limited ... Applicant vs.

M/s.VDV Pharmaceuticals Private Limited ... Respondent For Applicant : Mr.D.Pradeep Kumar For Respondent : Set Exparte *****

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeking for the appointment of an Advocate Commissioner to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of the respondent or respondent's men, agents, servants from respondent premises or wherever found with police aid and break open of premises if necessary.

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2. As directed by this Court, the applicant had effected substituted service on the respondent by effecting paper publication. The paper publication has been filed along with AOS. The name of the respondent is also printed in the cause list today. The respondent remains unrepresented. Hence, the respondent is set exparte by this Court.

3. It is represented by the learned counsel for the applicant that the vehicle has already been re-possessed by the Advocate Commissioner and the custody of the same has been handed over to the applicant and the applicant has also paid the initial remuneration to the Advocate Commissioner. Since the vehicle has been re-possessed by the Advocate Commissioner and the custody of the same has been handed over to the applicant and since the respondent has been set exparte, nothing survives for further adjudication in this application.

4. Accordingly, this application is closed. The applicant is directed to pay an additional remuneration of Rs.20,000/- to the Advocate Page No.2 of 4

Commissioner, within a period of two (2) weeks from the date of receipt of a copy of this order.

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ABDUL QUDDHOSE.

J.

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