Ms Indusind Bank Ltd v. Hemanath R

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 Hemanath R S/o.Rajasekaran, Radiance Empire, D402 Prasid Agam, No.9A, 90, Stphenson Road, Perambur, Chennai, Tamilnadu 600 011.

Respondent(s) PRAYER To pass an order of appointment of Christopher, Chief Manager - Employee No.IBLR12394 employee of the Applicant as a receiver to seize and deliver the vehicle/machine Ashok Leyland, UE 5525 Goods Carrier (HGV) bearing Vehicle Registration No.AP39UT7549 Vehicle Engine No.PGHZ422589 and Chassis No.MB1U1KHD9PRFM2443 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 For Respondent(s):

Mr.D.Senthilvel

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 16.10.2025, 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 served and the respondent is represented through counsel.

4. The learned counsel for respondent submitted that the respondent will settle the issue with the applicant within four weeks.

5. Considering the facts and circumstances of the case, Mr.Christopher, Chief Manager, Emp.No.IBLR12394 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. However, this order is kept in abeyance for a period of four weeks. If the amount is settled by the respondent, the above order will automatically stand rescinded and if it is not settled, the above order will come into operation.

6. This application is disposed of in the above terms. 13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss To 1.Hemanath R S/o.Rajasekaran, Radiance Empire, D402 Prasid Agam, No.9A, 90, Stphenson Road, Perambur, Chennai, Tamilnadu 600 011.

N.ANAND VENKATESH J.

ss Arb Appln No. 1362 of 13-11-2025