Hdb Financial Services Limited v. C5 Engineering Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU HDB Financial Services Limited 4th Floor, Loyal Towers, No.68 2, Greams Road, Chennai 600 006.Rep. by its Authorised Signatory Mr. P.Saravanan ..Petitioner(s) Vs

1. C5 Engineering Private Limited Rep.by its Authorised Signatory 4th Floor, Plot No.270/A, Padmaja Towers, Banjara Hills, MLA Colony, Hyderabad, Telangana 500 034.

2. Sushanti Chennadi So. Sudhakarrao Chennadi 8 2 693 82 C, Plot No 3 6 A,MLA Colony, Road No 12,Banjara Hills, Hyderabad,Telangana 500034 ..Respondent(s) PRAYER:- Arbitration Application filed to appoint an Advocate Commissioner to seize and deliver the Assets (2Nos) of SCANIA G500 XT 8X4 HEAVY TIPPER TRUCK Construction Equipment as detailed in the Schedule hereunder, available at the Respondents premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises. For Petitioner : Mr.M.Arunachalam For Respondents : Ms.Preeti Sivaraman

ORDER

The present Arbitration Application has been filed to appoint an Advocate Commissioner to seize and deliver the Assets (2Nos) of SCANIA G500 XT 8X4 HEAVY TIPPER TRUCK Construction Equipment as detailed in the Schedule hereunder, available at the Respondents premises or wherever found and permit the Advocate Commissioner to obtain police aid and to break open the premises.

2. Heard the learned counsels appearing on either side.

3. An affidavit had been filed by the second respondent indicating that the arrears of installments for the months of February and March 2026 which fell due would be paid on or before 30.06.2026. Similarly, the installments which fell due for the months of April and May would be paid on or before 31.07.2026.

4. The learned counsel for the applicant would submit that if the payments for the month of June and July 2026 are also being paid along with the arrears, there could be no impediment for him to accept the payment.

5. Learned counsel for the respondent would submit that the said undertaking to pay the arrears will also include the monthly installments payable for the month of June and July 2026.

6. In view of the undertaking given by the second respondent as clarified by the learned counsel appearing for the applicant, this Court is of the view that there is no necessity to further adjudicate the application,.

7. Accordingly, the application is closed, however, with a liberty to the applicant to initiate appropriate proceeding on the failure of the respondent in honoring his dues. However, there shall be no order as to costs. 17-06-2026 Index: Yes/No Speaking/Non-speaking order GBA

K.KUMARESH BABU, J.

GBA 17-06-2026