Veritas Finance Limited v. Pugalenthi And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Veritas Finance Limited SKCL Central Square -1 South Wing, Unit No.C28-C35, 1st Floor, CIPET Road, Thiru Vi Ka Industrial Estate, Guindy, Chennai Tamil Nadu - 600 032 ... Applicant Vs

1. Pugalenthi R (Borrower) 13, K V A Street, Samarayapatti Coimbatore - 642204

2. Managing R (Co Borrower 1) 13, K V A Street, Samarayapatti Coimbatore - 642 204

3. Chidambaram (Co Borrower 2) 13, K V A Street, Samarayapatti Coimbatore - 642204 ... Respondents Application filed under Order XIV Rule 8 of Original Side Rules read 1/4

with Section 9(ii)(a)(b) and (e) of the Arbitration and Conciliation Act, 1996 to appoint an Advocate Commissioner to take custody of the vehicle being BHARATBENZ 1214R CLOSED BODY bearing Chasis No.MEC0563AHDP001927 fitted with Engine No.400921P0002255 and Registered as TN28BH 7868, from the Respondent or wherever it is found and deliver it to the Applicant with liberty to sell and to permit the Advocate Commissioner to obtain Police aid and to break open the premises within which the said vehicle is lying.

For Applicant:

Ms.B.Sharmila

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 vehicle in the custody of the respondents, if necessary, with police protection and by breaking open the premises. 2.

When the application came up for hearing on 16.10.2025, this Court issued notice to the respondents.

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3.

The Notice sent to the respondents has been returned with an endorsement "addressee left" and hence, this Court directed the applicant to effect service on respondents through paper publication. Since the paper publication has been effected and an affidavit of service has been filed, there is a deemed service on the respondents and the respondents are neither present nor represented through counsel. Hence, the apprehension raised on the side of the applicant that the respondents are trying to secret the vehicle is prima facie established.

4.

In view of the above, Mr.D Ram Kumar, Branch Manager is appointed as the Court receiver and the Court receiver is permitted to seize the vehicle from the respondents or wherever it is found and by breaking open the premises, if required with police assistance.

5. This application stands disposed of in the above terms. 05.01.2026 rka 3/4

N. ANAND VENKATESH.J., rka 05.01.2026 4/4