Hdb Financial Services Limited v. Sri Kanakadurga Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-12-2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH HDB Financial Services Limited 4th Floor, Loyal Towers, No.68 2, Greams Road, Chennai 600 006 Rep. by its Authorised Signatory Mr. P.Saravanan Applicant(s) Vs

1. Sri Kanakadurga Transport Represented by its Proprietor Flat No.101, Ground Floor, 9-108/101, Devangulapeta Eluru Mandal, Sanivarapupeta, Andhra Pradesh 534 003.

2.Sambaladevi Durgababu 3.Sambaladevi Nagalakshmi Respondent(s) PRAYER To appoint an Advocate Commissioner to seize and deliver the Assets PRIMA 3530 TIPPER Construction Equipment bearing Registration No.AP39VD9636 Engine No.B67B62300D03132K64336213 and Chassis No.MAT714302P3K 32225, available at the Respondents 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

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 respondents or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicant.

N. ANAND VENKATESH, J.

gya 2.When the application came up for hearing on 23.10.2025, 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 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. This application is disposed of in the above terms.

01-12-2025 gya To

1. Sri Kanakadurga Transport Represented by its Proprietor Flat No.101, Ground Floor, 9-108/101, Devangulapeta Eluru Mandal, Sanivarapupeta, Andhra Pradesh 534 003.

2.Sambaladevi Durgababu S/O. Sambaladevi Simhaachalam 773, Flat No. 101, Ground Floor, Devangulapeta Eluru Mandal, Sanivarapupeta, Andhra Pradesh 534003 3.Sambaladevi Nagalakshmi D/O. Munisetti Srinivasulu 773, Flat No. 101, Ground Floor, Devangulapeta Eluru Mandal, Sanivarapupeta, Andhra Pradesh 534003 Arb. Appln. No.1378 of 2025