Mercedes Benz Financial Services India Pvt Ltd v. Sankar Haridas Podder

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Mercedes Benz Financial Services India Pvt Ltd (Formerly known as M/s.Daimler Financial Services India Pvt. Ltd.) 5th Floor, Plot 8, Baashyam Willow Square,9 &10, First Street, Thiru vi ka Industrial Estate, Guindy, Chennai-600032, Tamil Nadu, India Represented by its Authorised Signatory Mr. Sadam Hussain S Applicant(s) Vs

1. Sankar Haridas Podder 201, Blue Mount Residency, D.G.Nagar, 60 Feet Road, Diwanman, Vasai (W), Thane, Maharashtra 401 202.

2.VVP Business Logistics Private Limited Rep. by Sankar Haridas Podder, 10 C, Comet Building, Gurunanak Road, Bandra West, Maharashtra 400050 3.Victor Shakar Podder 201, Blue Mount Residency, D.G. Nagar, 60 Feet Road, Diwanman, Vasai West, Thane, Maharashtra 401202 Respondent(s) PRAYER Petition filed under Section 9 of the Arbitration and Conciliation

2/4 Act, 1996, praying to appoint an Advocate commissioner to seize and deliver the Asset Mercedes-Benz E 200 Vehicle bearing Registration No. MH-47BB-4900, Engine No. 26492030443257 and Chassis No.W1K2131806L042125 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 brevity 'the Act'] for appointment of a receiver to seize and deliver the vehicle from the respondent to the applicant, if necessary, with police protection and by breaking open the premises. 2.

Heard Mr.M.Arunachalam, learned counsel for applicant and carefully perused the materials available on record. 3.

When the matter came up for hearing on 09.12.2025, this Court ordered notice to the respondent.

4.

The private notice sent to the respondent has been served and the affidavit of service has also been filed. There is no representation for the respondent either in person or through counsel. Hence, the apprehension raised on the side of the applicant that the respondent is trying to secret the vehicle is prima facie established.

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In view of the above, Mr.Prince Walia, Collection Manager, is appointed as the Court receiver and the Court receiver is permitted to seize the vehicle from the respondent or wherever it is found and by breaking open the premises, if required with police assistance.

6. This application stands disposed of in the above terms. 02-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/4 N.ANAND VENKATESH J.

ssr 02-02-2026