Axis Bank Ltd v. Anil Kumar V M

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Axis Bank Ltd., Rep by its Deputy Manager Selvaraj No.31, 2 nd Floor, South Mada Street Mylapore, Chennai - 600 004.

...Petitioner

Vs.

Anil Kumar V.M

...Respondent

PRAYER : Arbitration Application filed under Order XIV Rule 8 of O.S.Rules read with Section 9(ii)(a)(b) and (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to take custody of the vehile being MARUTI CAT B S-PRESSO VXI PLUS bearing Chassis No: MA3RFL41SNC352436 fitted with Engine No.K10BN5153220 and registered as -KL32T0460 from the respondent or wherever it is found and deliver it to the applicant with liberty to sell and to permit the Advocate 1/6

Commissioner to obtain police aid and to break open the premises within which the said vehicle is lying and pass orders. For Petitioner : M/s.Uma Vijayan M.R.

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 equipment in the custody of the respondent, if necessary, with police protection and by breaking open the premises.

2. When this application came up for hearing on 06.10.2025, this Court passed the following order:- "Notice to the respondent returnable by 04.11.2025. Private notice is also permitted.

2. Post this case for hearing on 04.11.2025." 2/6

3. The private notice sent to the respondent has been returned with an endorsement "Addressee Left" and affidavit of service have also been filed. Hence the apprehension raised on the side of the applicant that the respondent is trying to secret the equipment is prima facie established.

4. In view of the above, Mr.J.Antony, Deputy Manager [Ph.No.7034111277] is appointed as Receiver for seizing the subject equipment from the respondent or wherever it is found and by breaking open the premises, if required, with police aid.

5. This application stands disposed of in the above terms. 13.11.2025 ds 3/6

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N.ANAND VENKATESH, J., ds 5/6

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