Mercedes Benz Financial Services India Private Limited v. Brewocrat Services Pvt Ltd

DATED: 01-12-2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH M/s.Mercedes-Benz Financial Services India Private Limited th Floor, Plot 8, Baashyam Willow Square 9 & 10 First Street, Thiru Vi Ka Industrial Estate, Guindy, Chennai-32 Rep. by its Authorised Signatory Applicant(s) Vs M/s.Brewocrat Services Pvt Ltd Second Floor, A- SF-01 Block A Element One Sector 47 49 Gurgaon, Haryana 122 018.

Respondent(s) PRAYER To appoint the Advocate Commissioner to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondents men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary.

For Applicant(s):

Mr.D.Pradeep Kumar

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 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 03.11.2025, 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 returned with an endorsement "left". It is clear from the above that the respondent is evading service, since the notice that was sent to the address found in the agreement, has been returned. The whereabouts of the vehicle is also not known. Hence, the apprehension of the applicant that the respondent is attempting to secret the vehicle is prima facie established. 4.In view of the above, Mr.Prince Walia, Manager, is appointed as Receiver for seizing the subject vehicle 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 M/s.Brewocrat Services Pvt Ltd Second Floor, A- SF-01 Block A Element One Sector 47 49 Gurgaon, Haryana 122 018.