Hdb Financial Services Limited v. Sri Buddha Engineering And Constructions Private Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arbitration Application No.1304 of 2025 HDB Financial Services Limited Having one of its branch office at 4th Floor, Loyal Towers, No.68/2, Greams Road, Chennai-600 006 Rep. by its Authorised Signatory Mr. P.Saravanan ... Applicant Vs.
1. Sri Buddha Engineering and Constructions Private Limited Rep.by its Authorised Signatory H.No.10-3-113P, 10-3-32/9/114, Nehru Nagar, Secunderabad, Hyderabad, Telangana 500 026.
2.Koditham Varalakshmi D/o. Vannam Subba Rayudu 87-1388-N, NDK Road, NDL Checkpost, Seshadri Nagar, Kurnool, Andhra Pradesh-518002 3.Rajasekhar Koditham S/o. Koditham Sreenivasulu 87-1388-N, NDK Road, NDL Checkpost, Seshadri Nagar, Kurnool, Andhra Pradesh-518002
...Respondents
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Prayer: Arbitration Application filed under Order XIV Rule 8 of O.S. Rules read with Section 9(ii)(d) & (e) of the Arbitration Act, 1996, to appoint an an Advocate Commissioner to seize and deliver the Asset SANY SY580C10 HD EXCAVATOR Construction Equipment bearing Machine SL.No.SY055CD3357K8 available at the Respondents' premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises.
For Applicant :
Mr.M.Arunachalam
O R D E R
This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Act No.26 of 1996) for appointment of an Advocate Commissioner to seize and deliver the Asset more fully described in the schedule to the Judges Summons.
2. Today, when the matter was taken up for hearing, learned counsel for applicant submitted that notices were issued to the respondents and affidavit of service has been filed.
3. It is seen from the affidavit of service, that out of three respondents, notice sent to the first respondent has been returned with an endorsement "Left" and notices sent to the second and third respondent were 2/4
served. The first respondent is the company / borrower, second respondent is co-borrower and the third respondent is guarantor. Considering the fact that the respondents 2 and 3 have received the notices on behalf of the first respondent also, there is a deemed service on the respondents. Though the names of respondents are printed in the cause list, there is no representation for the respondents either in person or 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.Sheik Mabuvali is appointed as Receiver for seizing the subject construction equipment from the respondents or wherever it is found and by breaking open the premises, if required, with police aid.
This application is disposed of in the above terms. 15.10.2025 mk Index: Yes/No Speaking Order/Non-Speaking Order 3/4
N.ANAND VENKATESH, J.
mk Arbitration Application No.1304 of 2025 15.10.2025 4/4