Hdb Financial Services Limited Vs Maruti Infra and Mining

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Arb.Appln.No.216 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 30.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.B.BALAJI Arb. Appln. No.216 of 2025

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M/s. HDB Financial Services Limited Having one of its branch office at: 4^th Floor, Loyal Towers, No.68/2, Greams Road, Chennai-600 006. Rep. by its Authorised Signatory, Mr.P.Saravanan

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... Applicant

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vs.

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1.M/s.Maruti Infra and Mining, Rep By its Proprietor Setti Aswini Kumari, DNO. 59-2-14/2, 2^nd Floor, Inavolu Koteswara RA O.P. and T Colony, Rajahmundry-533 101, Andhra Pradesh

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2.Setti Aswini Kumari

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3.Setti Kantharao

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... respondents PRAYER : This Arbitration Application filed under ORDER XIV RULE 8 OF O.S. RULES READ WITH SEC 9 (II) (d) & (e) OF ARBITRATION AND CONCILIATION ACT 1996, to appoint an Advocate Commissioner to seize and deliver the Asset MMR EX-1000 Excavator Mounted Drilling Rig mounted on Ex-210 Excavator with MMR Excavator Accessories Rod Guide, Hammer Guide, Rod Spanner, 15 Feet Grill Rods -2 Nos, 3 Feet Grill Rods – 1 Nos, 6 Hammer – 1 Nos, 61/2” Bits -1 No's available at the Respondent's premises or whever

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

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Arb.Appln.No.216 of 2025

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

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For Applicant : Mr.M.Arunachalam

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ORDER

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This Application has been filed under Section 9 of the Arbitration

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and Conciliation Act, 1996 seeking to appoint an Advocate Commissioner to seize and deliver the Asset MMR EX-1000 Excavator Mounted Drilling Rig mounted on Ex-210 Excavator with MMR Excavator Accessories Rod Guide, Hammer Guide, Rod Spanner, 15 Feet Grill Rods -2 Nos, 3 Feet Grill Rods – 1 Nos, 6 Hammer – 1 Nos, 61/2” Bits -1 No's available at the respondents' premises or wherever found and permits the Advocate Commissioner to obtain police aid and to break open the premises.

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The respondents entered into a loan agreement dated 28.12.2023

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for purchase of the asset, morefully described in the schedule to the Judges Summons. Under the loan agreement, the total loan amount was repayable by the respondents to the applicant in 35 monthly installments commencing from 04.02.2024.

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Arb.Appln.No.216 of 2025

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As seen from the statement of accounts, which are supported by

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the averments contained in the affidavit filed in support of the application, the respondents are irregular in making payments of EMI and as such, the over due amount was Rs.13,77,649.84/- as on 09.12.2024. There is an Arbitration Clause available in the loan agreement, which is the subject matter of dispute. The applicant has initiated the arbitration proceedings in accordance with the Arbitration Clause. Under the loan agreement, the applicant is entitled to repossess the asset, morefully described in the schedule to the Judges Summons in case the respondents commit default in repayment of the loan. The applicant has expressed its difficulty to repossess the asset on its own.

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Only under the aforementioned circumstances, this application has been filed under Section 9 of the Arbitration and Conciliation Act seeking for appointment of an Advocate Commissioner to repossess the asset, which is morefully described in the schedule to the Judges Summons and therefore, the Applicant has made out a prima facie case, for invoking Section 9 of the Act. In the interest of justice, I proceed to appoint an Advocate Commissioner.

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directions:

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Arb.Appln.No.216 of 2025

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Accordingly, this Application is ordered with the following directions:

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a) Mr.A.PARTHIPAN, Advocate having address at No.207, New Additional Law Chamber, High Court Building, Chennai – 600 001, Cell: 95661 77048, E.Mail:[email protected] is appointed as an Advocate Commissioner to repossess the asset, which is more fully described in the schedule to the Judges Summons viz., MMR EX-1000 Excavator Mounted Drilling Rig mounted on Ex-210 Excavator with MMR Excavator Accessories Rod Guide, Hammer Guide, Rod Spanner, 15 Feet Grill Rods -2 Nos, 3 Feet Grill Rods – 1 Nos, 6 Hammer – 1 Nos, 61/2” Bits -1 No's from the respondents or wherever it is available and handover the same to the applicant by way of interim custody;

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b) The Advocate Commissioner is permitted to obtain police aid and break open of the premises in case the seized asset is kept in a locked premises in the presence of the Police, after taking proper inventory;

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c) If break open of a lock is required, the Advocate Commissioner shall do so in the presence of the police personnel who will counter sign the record evidencing the break open of the lock and to re-lock the

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premises.

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d) If the Advocate Commissioner finds any difficulty with the jurisdictional police, he is at liberty to approach Superintendent of Police, who shall provide all necessary assistance to him at the time of seizure of the asset.

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e) The Advocate Commissioner shall be paid his initial remuneration of Rs.25,000/- (Rupees Twenty Five Thousand only) within a period of six weeks from the date of receipt of a copy of this order or before the Advocate Commissioner executes the Warrant of Commission in accordance with the directions given by this Court. The Boarding, lodging and travel expenses shall be paid by the applicant to the Advocate Commissioner for executing the warrant of Commission;

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