Axis Bank Ltd v. Muralidharan R
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. Axis Bank Ltd Rep. By its Deputy Manager Selvaraj No. 31, 2nd Floor, South Mada Street, Mylapore, Chennai Appellant(s) Vs
1. Muralidharan R 320 4th Street, R K Nagar Malkajgiri Medchal Hyderabad, Telangana 500 047 India Respondent(s) PRAYER To appoint an Advocate Commissioner to take custody of the vehicle being CITROEN CAT BCITROEN C3 FEEL DT VIBE PACK bearing Chassis No.MZZCCHMEMNV0033429N fitted with Engin No.10VQAC0007450 and Registered as TS08JL5029 from the Respondent or wherever it is found and deliver it to the applicant with liberty to sell and to permit the Advocate Commissioner to obtain Police aid and to break open the premises within which the said vehicle is lying.
For Appellant(s):
M/s.Uma Vijayan M.R.
For Respondent(s):
Ms. N. Rani Santham, Advocate Commissioner Court Notice Await Services
ORDER
This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of an Advocate Commissioner for seizing the vehicle in the custody of the respondent, if necessary, with police protection and by breaking open the premises.
2. When the application came up for hearing on 24.07.2025, this Court issued notice to the respondent.
3. The private notice sent to the respondent has been returned with an endorsement "left" and affidavit of service has also been filed. As the notice has been sent to the address given in the agreement, there is deemed service on the respondent and the respondent is neither present nor represented through counsel. Hence, the apprehension raised on the side of the applicant that the respondent is trying to secret the construction equipment is prima facie established.
4. In view of the above, Mr.G.Srikanth, Deputy Manager is
appointed as the Court receiver and the Court receiver is permitted to seize the vehicle from the respondent or wherever it is found and by breaking open the premises, if required with police assistance.
5. This application stands disposed of in the above terms. 28-10-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.Muralidharan R 320 4th Street, R K Nagar Malkajgiri Medchal Hyderabad, Telangana 500 047 India
N.ANAND VENKATESH J.
rka 28-10-2025