Mercedes Benz Financial Services India Private Limited v. Dasari Sumanth
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2026
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Arb Appln No. 1741 of 2025 M/s.Mercedes-Benz Financial Services India Private Limited 5th Floor, Plot 8, Baashyam Willow Square 9 & 10, First Street Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032 Rep. by its Authorised Signatory Applicant(s) Vs Dasari Sumanth Respondent(s) PRAYER To appoint the Advocate Commissioner to seize and take possession of the vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondent 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 Advocate Commissioner 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.
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N. ANAND VENKATESH, J.
gya 2.When the application came up for hearing on 05.01.2026, 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 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 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.Koduru Venkata Sambasiva Rao, Manager Collections, 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. gya 09.02.2026 Arb Appln No. 1741 of 2025 https://www.mhc.tn.gov.in/judis