M/S Indusind Bank Ltd v. Magesh Kumar V

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2025

CORAM

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

... Applicant vs.

Magesh Kumar V.

... Respondent For Applicant : M/s.Meera Gnanasekar 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 repossess the vehicle/machinery more fully described in the schedule to the Judges Summons from the respondent or wherever available.

2. Notice sent to the respondent has been returned with an endorsement "unclaimed". The return cover has been filed along with AOS. The name of the respondent has also been printed in the cause list Page No.1 of 3

today. However, the respondent remains un-represented. 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. 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 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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