M/S Indusind Bank Ltd v. R N Transport And Co

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2025

CORAM

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

... Applicant in all applications vs.

1.R.N.Transport & Co.

... Respondent in Arb.Appln.Nos.785 & 787 of 2025 2.Rafique Hamirani @ H Rafique B ... Respondent in Arb.Appln.No.786 of 2025 For Applicant : M/s.Meera Gananasekar (in all applications) For Respondent : Set Exparte (in all applications) ***** COMMON ORDER These applications have been filed under Section 9 of the Arbitration and Conciliation Act, seeking for appointment of advocate commissioners to repossess the vehicles/machinery more fully described in the respective schedule to the respective Judges Summons from the Page No.1 of 4

respective respondent or wherever available.

2. On the last hearing date, i.e., on 28.07.2025, since there was no representation on the side of the Advocate Commissioner, this Court had adjourned these matters today. Even today, there is no representation on the side of the Advocate Commissioner. Notice sent to the respective respondent have been returned with an endorsement 'unclaimed', which amounts to deemed service. Till date, no one has entered appearance on behalf of the respective respondent. Hence, the respective respondent are set exparte by this Court.

3. The learned counsel for the applicant submits that the vehicles, which are the subject matter of these applications have already been repossessed by the Advocate Commissioner and the custody of the same has been handed over to the applicant. Since the vehicles have already been re-possessed by the Advocate Commissioner and the custody of the same has been handed over to the applicant and since the respective respondent have been set exparte, nothing survives for further adjudication in these applications.

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4. Accordingly, these applications are closed. 25.08.2025 sp Page No.3 of 4

ABDUL QUDDHOSE.

J.

sp 25.08.2025 Page No.4 of 4