Cholamandalam Investment And Finance Co Ltd v. M/S Bency Raphael Managing Partner Friends Trans Logistics

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Applicant(s) Vs

1. M/s Bency Raphael Managing Partner Friends Trans Logistics Kanathezhath House, Payyoor P.O.Koonamoochi Church, Konamoochi Thrissur, Kerala 680 504.

Respondent(s) PRAYER To appoint an Advocate Commissioner to seize and deliver the Vehicle to applicant which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondents men, agents, servants from respondent premises or wherever found with police aid and break open of premises if necessary.

For Appellant(s):

Mr.D.Pradeep Kumar For Respondent:

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ORDER

This application has been filed to appoint an Advocate Commissioner to seize and deliver the vehicle to the applicant which is lying in the custody of the respondent or their men or agent, servant etc., with police aid and to break open the premises, if necessary.

2.

Heard the learned counsel for the applicant and carefully perused the materials available on record.

3.

In the instant case, eight instalments remain unpaid and the applicant has already initiated arbitration proceedings and it is pending. During the pendency of the proceedings, the present application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for brevity hereinafter referred to as the "Act").

4.

In the considered view of this Court, once the arbitration proceedings has been initiated, whatever powers are available to the Court under Section 9 of the Act is available to the Arbitral Tribunal under Section 17 of the Act. Useful reference can be made to the

judgement of this Court in [M/s.Cholamandalam Investment and Finance company Ltd. Vs.Harkhabhai Amarshibhai Vaghadiya] in Arb. Appln. No.40 etc., of 2022 wherein this Court has made it clear that the remedy that has been sought for under Section 9 of the Act is certainly available under Section 17 of the Act also.

5.

In view of the above, liberty is granted to the applicant to approach the Arbitral Tribunal to file an application under Section 17 of the Act and work out their remedy 6.

This application is disposed of in the above terms. 01-09-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.M/s Bency Raphael Managing Partner Friends Trans Logistics Kanathezhath House, Payyoor P.O.Koonamoochi Church, Konamoochi Thrissur, Kerala 680 504.

N.ANAND VENKATESH J.

rka Arb Appln No. 1243 of 2025 01-09-2025