M s Hdb Financial Services Limited Vs M s Divya Enterprises Rep by its Proprietor C M Divyajothi

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.06.2025

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CORAM

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THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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Arb Application No.166 of 2025: - M/s.HDB Financial Services Limited Having one of its branch office at: 4th Floor, Loyal Towers, No.68/2 Greams Road, Chennai-600006 Rep. by its Auhorised Signatory Mr.P.Saravanan … Applicant

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Vs.

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1. M/s.Divya Enterprises Rep. by its Proprietor C.M.Divyajothi Sy No. 27, Chilkunda Kaval Hunsur – 571105, Mysore, Karnataka.

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2. Lakshmangowda H K 3. Divyajothi C M … Respondents

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PRAYER : Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(ii) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to seize and deliver the Asset ''TATA MOTORS SIGNA 2823 TK BSV 39WHD 16BOX'' bearing Chassis No. MAT 797025 N3

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Page 1 of 9

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https://www.mhc.tn.gov.in/judis

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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P35316 and Engine No. 6B6 A220 D06122 M63920597 available at the respondent's premises or wherever found and permits the Advocate Commissioner to obtain police aid and to break open the premises.

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For Applicant : Ms.Narmatha for Mr.M.Arunachalam

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For Respondent : Mr.P.J.Rishikesh

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Arb Application No.167 of 2025: - M/s.HDB Financial Services Limited Having one of its branch office at: 4th Floor, Loyal Towers, No.68/2 Greams Road, Chennai-600006 Rep. by its Auhorised Signatory Mr.P.Saravanan … Applicant

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Vs.

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1. M/s.Cauvery Crusher Chilkunda Kaval Post Hunsur Taluk, Chilkunda Mysore – 571105, Karnataka.

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2. Lakshman Gowda H K

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3. Divya Jothi C M … Respondents

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PRAYER : Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(ii) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to seize and deliver the Asset ''KOMATSU HYDRAULIC EXCAVATOR PC130-7'' Construction Equipment bearing Machine Serial No. N520687 available at the respondent's premises or wherever

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Page 2 of 9

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https://www.mhc.tn.gov.in/judis

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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found and permits the Advocate Commissioner to obtain police aid and to break open the premises.

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For Applicant : Ms.Narmatha for Mr.M.Arunachalam

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For Respondent : Mr.P.J.Rishikesh

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Arb Application No.170 of 2025: - M/s.HDB Financial Services Limited Having one of its branch office at: 4th Floor, Loyal Towers, No.68/2 Greams Road, Chennai-600006 Rep. by its Auhorised Signatory Mr.P.Saravanan … Applicant

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Vs.

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1. M/s.Divya Enterprises Rep. by its Proprietor C.M.Divyajothi Sy No. 27, Chilkunda Kaval Hunsur – 571105, Mysore, Karnataka.

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2. Lakshmangowda H K

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3. Divyajothi C M … Respondents

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PRAYER : Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(ii) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to seize and deliver the Asset ''TATA SIGNA 2823 TIPPER'' bearing Chassis No. MAT 797025 N3 P35466 and Engine No. b5.6B6 A220 D06122 M63920662 available at the respondent's premises or wherever found and permits the Advocate Commissioner to obtain

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Page 3 of 9

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https://www.mhc.tn.gov.in/judis

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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police aid and to break open the premises.

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For Applicant : Ms.Narmatha for Mr.M.Arunachalam

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For Respondent : Mr.P.J.Rishikesh

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Arb Application No.173 of 2025: - M/s.HDB Financial Services Limited Having one of its branch office at: 4th Floor, Loyal Towers, No.68/2 Greams Road, Chennai-600006 Rep. by its Auhorised Signatory Mr.P.Saravanan … Applicant

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Vs.

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1. M/s.Divya Enterprises Rep. by its Proprietor C.M.Divyajothi Sy No. 27, Chilkunda Kaval Hunsur – 571105, Mysore, Karnataka.

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2. Lakshmangowda H K

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3. Divyajothi C M … Respondents

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PRAYER : Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(ii) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to seize and deliver the Asset ''ATLAS COPCO AIR ROCT D 35 WITH COMPRESSOR'' bearing Machine Serial No.PE2260966 and D35 SL No. MHN22SEDARD35129 available at the respondent's premises or wherever found and permits the Advocate Commissioner to obtain police aid and to break open the premises.

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Page 4 of 9

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https://www.mhc.tn.gov.in/judis

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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For Applicant : Ms.Narmatha for Mr.M.Arunachalam

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For Respondent : Mr.P.J.Rishikesh

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Arb Application No.313 of 2025: - M/s.HDB Financial Services Limited Having one of its branch office at: 4th Floor, Loyal Towers, No.68/2 Greams Road, Chennai-600006 Rep. by its Auhorised Signatory Mr.P.Saravanan

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… Applicant

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Vs.

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1. M/s.Cauvery Crusher Represented by its Proprietor Mr.Lakshman Gowda H K Chilkunda Kaval Post Hunsur Taluk, Chilkunda Mysore – 571105, Karnataka.

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2. Lakshman Gowda H K

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3. Divya Jothi C M … Respondents

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PRAYER : Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(ii) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to seize and deliver the Asset ''KOMATSU HYDRAULIC EXCAVATOR PC210'' bearing Machine Serial No. N7-31364 available at the respondent's premises or wherever found and permits the Advocate Commissioner to obtain police aid and to break open the premises.

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Page 5 of 9

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https://www.mhc.tn.gov.in/judis

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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For Applicant : Ms.Narmatha for Mr.M.Arunachalam For Respondent : Ms.Niranjan Devi for Mr.P.J.Rishikesh

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Arb Application No.314 of 2025: - M/s.HDB Financial Services Limited Having one of its branch office at: 4th Floor, Loyal Towers, No.68/2 Greams Road, Chennai-600006 Rep. by its Auhorised Signatory Mr.P.Saravanan

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… Applicant

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Vs.

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1. M/s.Cauvery Crusher Represented by its Proprietor Mr.Lakshman Gowda H K Chilkunda Kaval Post Hunsur Taluk, Chilkunda Mysore – 571105, Karnataka.

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2. Lakshman Gowda H K

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3. Divya Jothi C M … Respondents

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PRAYER : Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(ii) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to seize and deliver the Asset ''KOMATSU HYDRAULIC EXCAVATOR PC210'' bearing Machine Serial No. N723003 available at the respondent's premises or wherever found and permits the Advocate Commissioner to obtain police aid and to break open the premises.

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Page 6 of 9

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https://www.mhc.tn.gov.in/judis

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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For Applicant : Ms.Narmatha for Mr.M.Arunachalam For Respondent : Ms.Niranjan Devi for Mr.P.J.Rishikesh

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C O M M O N O R D E R

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It is represented by the learned counsel for the applicant that the parties were unable to reach an amicable settlement. The learned counsel for the applicant would submit that out of the six vehicles ordered to be repossessed with the aid of Advocate Commissioners by this Court, only three vehicles have been repossessed. The remaining three vehicles could

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not be repossessed since whereabouts of the same are not known.

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The learned counsel for the respondents on instructions, seeks further time for arriving at an amicable settlement. Since sufficient time had already been granted by this Court to enable the parties to arrive at an amicable settlement, no further indulgence can be shown by this Court.

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https://www.mhc.tn.gov.in/judis

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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Since three out of the six vehicles have already been repossessed and three vehicles are not traceable, no useful purpose would be served to keep these applications are pending. If the applicant has already obtained arbitral awards in their favour, they are directed to execute the same against the respondents by filing Execution Petitions and in case the arbitration is still pending, they may file Applications under Section 17 of the Arbitration and Conciliation Act, 1996 seeking for repossessing of the vehicles which have not been repossessed.

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For the foregoing reasons, these applications are closed. However, liberty is granted to the applicant to seek for repossession of the vehicles either before the Arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996 or in the Execution Petition/s to be filed by the applicant against the respondents in the near future. No costs.

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09.06.2025

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Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No Maya

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Page 8 of 9

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https://www.mhc.tn.gov.in/judis

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Arbitration Application Nos. 166, 167, 170, 173, 313 and 314 of 2025

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ABDUL QUDDHOSE, J.