M/s Mercedes Benz Financial Services India Pvt. Ltd. v. Saurabh Saxena
Case brief
What is this about?
Madras High Court; Abdul Quddhose, J.; Arb Appln No. 361 of 2024; decided 06.03.2025. Arbitration application for repossession of a vehicle through a court-appointed Advocate Commissioner closed because the vehicle could not be located despite multiple time extensions (02.08.2024, 20.09.2024, 24.10.2024, 12.12.2024, 23.01.2025). Liberty granted to applicant (Mercedes Benz Financial Services India Pvt Ltd, formerly Daimler Financial Services India Pvt Ltd) to file a fresh application once the vehicle is located; retention of same Advocate Commissioner contemplated as initial remuneration already paid. Respondent: Saurabh Saxena. Keywords: Advocate Commissioner, repossession, vehicle not located, application closed, fresh application, liberty.
What did the court decide?
Application closed; liberty granted to the applicant to file a fresh application for appointment of an Advocate Commissioner to repossess the vehicle once it is located, with an indication that the same Advocate Commissioner may be retained since the initial remuneration had been paid.