Ms Indusind Bank Ltd v. K2 Construction

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M/s. IndusInd Bank Ltd.Rep. by its Assistant Vice President, A. Ganesh Kumar, Consumer Finance Division, No. 34, G N Chetty Road, T Nagar, Chennai - 600017.

Applicant(s) Vs K2 Construction Rep.by its Proprietor Mrs.Reena Devi, 271 Ward No.30, Gali No.10, Mayur Vihar, Sonipat, Haryana 131 001 Also at 271/31, Galli No.11, Gohana Road, Mayur Vihar, Sonipat, Haryana 131 001.

Respondent(s) PRAYER To pass an order of appointment of Varun Kumar Shukla, Chief Manager, Employee No.R38830, Employee of the Applicant as a Receiver to seize and deliver the Vehicle/Machine Komatus Hydraulic Excavator PC205 - 10 MO

bearing Machine Serial No.N800283 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the receiver to obtain police aid and to break open the premises. For Applicant(s):

Mrs.Meera Gnanasekar

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of a Receiver to seize the subject vehicle/machine in the custody of the respondent or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicant.

2. When the application came up for hearing on 13.10.2025, this Court, on carefully going through the averments made in the affidavit filed in support of the application, thought it fit to order notice to the respondent to ascertain as to whether the respondent will be willing to settle the dispute.

3. When the matter was taken up for hearing today, affidavit of service has been filed and it is seen that the private notice sent to the respondent has been returned with an endorsement "left without instructions". It is clear from the above that the respondent is evading service, since the notice that was sent to the address found in the agreement, has been returned. The whereabouts of the vehicle/machine is also not known. Hence the apprehension of the applicant that the respondent is attempting to secret the vehicle/machine is prima facie

established.

4. In view of the above, Mr.Varun Kumar Shukla, Chief Manager, Emp.No.R38830 is appointed as Receiver for seizing the subject vehicle/machine from the respondent or wherever it is found and by breaking open the premises, if required, with police aid.

5. This application is disposed of in the above terms. 13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss To 1.K2 Construction Rep.by its Proprietor Mrs.Reena Devi, 271 Ward No.30, Gali No.10, Mayur Vihar, Sonipat, Haryana 131 001 Also at 271/31, Galli No.11, Gohana Road, Mayur Vihar, Sonipat, Haryana 131 001.

N.ANAND VENKATESH J.

ss Arb Appln No. 1346 of 13-11-2025