Ms Indusind Bank Ltd v. Nkg Infrastructure Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-12-2025

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 NKG Infrastructure Limited II Floor, 204, Kailash Building, 26, Kasturba Gandhi Marg, New Delhi 110 001.

Also at 32 RDC, Raj Nagar, Ghaziabad Uttar Pradesh 201 001 Respondent(s) PRAYER To pass an order of appointment of Gaurav Kumar Tyagi, ECN R09589, Chief Manager, Employee of the Applicant as a Receiver to seize and deliver the vehicle/machine TATA MOTORS SIGNA 2830 K BSVI HD bearing Vehicle Registration No.NL01AJ5763 Vehicle Engine No.42E95468524 and Chassis No.MAT567008RAF08949 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):

Ms.Meera Gnanasekar

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.

N. ANAND VENKATESH, J.

gya 2.When the application came up for hearing on 27.10.2025, 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 duly served. Though the respondent has been served, there is no appearance either in person or through counsel. The whereabouts of the subject vehicle/machine is also not known. Hence, the apprehension of the applicant that the respondent is attempting to secret the construction equipment is prima facie established.

4.In view of the above, Mr.Gaurav Kumar Tyagi, Chief Manager of the

Applicant, 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.

This application is disposed of in the above terms. 01-12-2025 gya To NKG Infrastructure Limited II Floor, 204, Kailash Building, 26, Kasturba Gandhi Marg, New Delhi 110 001.

Also at 32 RDC, Raj Nagar, Ghaziabad, Uttar Pradesh 201 001. Arb Appln No.138