Axis Bank Ltd v. Kaki Nirupa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Axis Bank Ltd No. 31, 2nd Floor, South Mada Street, Mylapore, Chennai Applicant(s) Vs

1. Kaki Nirupa 12-1-534 Anand Nagar Road No.3 Nagole Bandla Vijaya Diagnostic Center Hyderabad Telangana 500 068 India.

Respondent(s) PRAYER To appoint an Advocate Commissioner to take custody of the Vehicle being SKODA CAT C 1.0 TSI STYLE AT bearing Chassis No.MEXBPJPB1NG018725 fitted with Engine No.DTB085425 and Registered as TS07JR4284 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.T.Janaki Advocate Commissioner

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 25.08.2025, 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.Kaki Nirupa 12-1-534 Anand Nagar Road No.3 Nagole Bandla Vijaya Diagnostic Center Hyderabad Telangana 500 068 India.

N.ANAND VENKATESH J.

rka Arb Appln No. 1181 of 2025 28-10-2025