Hdb Financial Services Limited v. Chintirala Srinad

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M/s 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(s) Vs

1. Chintirala Srinad S/o.Chintirala Muttaiah, H.No.5-15/8/1, Chinthalapalem (V) (M) Suryapet, Nalgonda, Telangana 508 246.

2.Chintirala Muttaiah S o. Chintirala Ramaiah H.No: 5-15/8/1,ChinthalapalemVM Suryapet, Nalgonda, Telangana 508246 3.Budige Ramarao S o. Budige Pullaiah

H.No 1-182 Hanmanthulagudem, Matampalli, Manda,Suryapet, Nalgonda,Telangana 508246 Respondent(s) PRAYER To appoint an Advocate Commissioner to seize and deliver the Asset XCMG Hydraulic Excavator XE 2151 KLC AC Machine Construction Equipment bearing Engine No.32B95408498 and Chassis No.XUGA210BTPKA00164 available at the Respondent's premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises. For Applicant(s):

Mr.M.Arunachalam For Respondent(s):

No appearance

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of an Advocate Commissioner to seize the subject construction equipment in the custody of the respondents 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 14.10.2025, 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 respondents to ascertain as to whether the respondents 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 respondents has been duly served. Though the respondents have been served, there is no appearance either in person or through counsel. The whereabouts of the construction equipment is also not known. Hence the apprehension of the applicant that the respondents are attempting to secret the construction equipment is prima facie established.

4. In view of the above, Mr.Malla Chandrasekar 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.

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.Chintirala Srinad S/o.Chintirala Muttaiah, H.No.5-15/8/1, Chinthalapalem (V) (M) Suryapet, Nalgonda, Telangana 508 246.

2.Chintirala Muttaiah S o. Chintirala Ramaiah H.No. 5-15/8/1,ChinthalapalemVM Suryapet, Nalgonda, Telangana 508246 3.Budige Ramarao S o. Budige Pullaiah H.No.1-182 Hanmanthulagudem, Matampalli, Manda,Suryapet, Nalgonda,Telangana 508246

N.ANAND VENKATESH J.

ss Arb Appln No. 1350 of 13-11-2025