Axis Bank Ltd. Vs Markapudi Ajay Kumar

To appoint an Advocate Commissioner to take custody of the Vehicle being MARUTI CAT CMARUTI BALENO bearing Chassis No.MBHEWB22SLM598287 fitted with Engine No.K12MP4135204 and Reg.No.AO39HT7970 from the Respondent or wherever it is found and deliver it to the applicant with liberty to sell and to premit the Advocate Commissioner to obtain police aid and to break open the premises within which the said vehicle is lying and pass orders.

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

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Arb Appln No. 813 of 2025

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For Applicant(s): M/s.Uma Vijayan M.R. For Mr. Vasanth Kumar, Respondent(s): Advocate Commissioner Court Notice Await Services

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ORDER

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When the application came up for hearing on 24.06.2025, this Court passed the following order:-

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This application has been filed under Section 9 of the Arbitration and Conciliation Act, seeking for appointment of an Advocate Commissioner by this Court to repossess the vehicle, morefully described in the schedule to the judges summon from the respondent or wherever available.

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2.The respondent is a defaulter in re-payment of the loan to the applicant. The respondent had availed loan for the purchase of vehicle. The respondent has paid only 27 installments out of 60 instalments, which are due and payable to the applicant as on date. As on date, 6 installments are in arrears, which amounts to Rs.1,45,072/-. The applicant has already recalled the loan by issuing notice to the respondent. Under the loan agreement, the applicant is empowered to re-possess the vehicle from the respondent in case the respondent commits default. The applicant has expressed its difficulty in re-possessing the vehicle on their own. Only under the said circumstances, the applicant has filed this application seeking for appointment of an Advocate Commissioner by this Court. In the loan agreement, there exists an arbitration clause. The applicant has expressed its willingness to go for arbitration in accordance with the arbitration clause.

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

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Arb Appln No. 813 of 2025

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3.Supporting documents have been filed by the applicant in support of this application. Since a prima facie case has been made out by the applicant for appointment of an Advocate Commissioner, this Court is inclined to appoint an Advocate Commissioner as prayed for in this application. To enable the respondent to take back possession of the vehicle from the Advocate Commissioner, they must be put on terms for getting back the vehicle from the applicant after re-possession. In order to strike a balance, the following order is passed by this Court:

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a)Mr.Vasanth Kumar, Advocate, having office at No.623, P.H.Road, Arumbakkam, Chennai - 600 106 (Mob. No.90874 10827) is appointed as the Advocate Commissioner to re-posses the vehicle, morefully described in the schedule to the Judges Summons from the respondent from his premises or wherever available;

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b)The Advocate Commissioner, after re-possessing the vehicle, shall handover interim custody of the same to the applicant, who shall keep it in their safe custody;

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c)The Advocate Commissioner, immediately after repossessing the subject vehicle, shall intimate the respondent either through Registered Post with Acknowledgment Due (RPAD) or by hand delivery through a written communication that the arrears of installments work out to Rs.1,45,072/-;

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d)The respondent, on payment of Rs.1,45,072/- to the applicant within a period of three days from the date when the subject vehicle was repossessed, is entitled for return of the seized vehicle. On receipt of the sum of Rs.1,45,072/- within the stipulated time as stated supra, the applicant shall re-deliver the subject vehicle back to the respondent with proper acknowledgment and the advocate commissioner shall also render proper assistance for the same;

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e)The applicant shall initiate arbitration in accordance with

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

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Arb Appln No. 813 of 2025

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the arbitration agreement contained in the contract within a period of 90 days from today. In case, the applicant fails to initiate arbitration within the stipulated time, the order passed by this Court today shall stand automatically vacated and the re-possessed vehicle shall also be redelivered back to the respondent by the applicant unconditionally;

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f)In case, the Advocate Commissioner requires Police assistance due to any law and order problem or due to any obstruction caused by the respondents or by any third party, while re-possessing the vehicle, the advocate commissioner is at liberty to seek police assistance from the concerned police station and the police department shall grant police protection accordingly. In case, break open of the premises, where the vehicle is located, is required, the Advocate Commissioner shall break open the premises in the presence of the police and take an inventory and thereafter re-posses the vehicle;

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g)The Advocate Commissioner shall be paid an initial remuneration of Rs.25,000/- and on receipt of the same, the advocate commissioner shall proceed to execute this order. All the boarding, lodging and travelling expenses for the Advocate Commissioner shall be borne by the applicant. Notice to the respondent returnable by 30.07.2025. Private Notice is also permitted.

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When the matter came up for hearing today, the learned counsel for the applicant submitted that the respondent has surrendered the vehicle to the applicant on 24.06.2025.

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

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Arb Appln No. 813 of 2025

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