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Madras High Court

Hdb Financial Services Limited vs Sri Adhya Loaders on 1 December, 2025

Author: N. Anand Venkatesh

Bench: N. Anand Venkatesh

                                                                                             Arb Appln No. 1379 of 2025



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 01-12-2025

                                                         CORAM

                            THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH

                                            Arb Appln No. 1379 of 2025

                HDB Financial Services Limited
                4th Floor, Loyal Towers,
                No.682, Greams Road, Chennai 600 006.
                Rep. by its Authorised Signatory Mr. P.Saravanan
                                                                                       Applicant(s)
                                                              Vs
                1. Sri Adhya Loaders
                Represented by its Proprietor,
                H.No.1-36, Mattapally, Suryapet,
                Nalgonda, Telangana 508 204.

                2.Kanagala Roja


                3.Kanagala Seetharamaiah

                                                                                       Respondent(s)

                PRAYER
                To appoint an Advocate Commissioner to seize and deliver the Assets
                CATERPILLAR 2021E WHEEL LOADER Construction Equipment bearing
                Registration No.TS 29 R 7178 Engine No.PRHM123631 and Chassis
                No.LR1122305801, available at the Respondents premises or wherever found
                and permit the Advocate Commissioner to obtain police aid and to break open
                the premises.




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 05/12/2025 02:29:43 pm )
                                                                                          Arb Appln No. 1379 of 2025



                                  For Applicant(s):       Mr.M.Arunachalam


                                                            ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for appointment of a Receiver to seize the subject vehicle/machine in the custody of the respondents or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicant.

N. ANAND VENKATESH, J.

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2.When the application came up for hearing on 23.10.2025, 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 respondents has been duly served. Though the respondents have been served, there is no appearance either in person or through counsel. The whereabouts of the construction equipment is also not known. Hence, the apprehension of the applicant that the respondents are attempting to secret the construction equipment is prima facie established.

4.In view of the above, Mr.Malla Chandrasekar, is appointed as Receiver https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 02:29:43 pm ) Arb Appln No. 1379 of 2025 for seizing the subject construction equipment from the respondents 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.

01-12-2025 gya To

1. Sri Adhya Loaders Represented by its Proprietor, H.No.1-36, Mattapally, Suryapet, Nalgonda, Telangana 508 204.

2.Kanagala Roja D/o. Narrimha Reddy Ravidi H.No.1-36, Mattapally, Suryapet, Nalgonda,Telangana 508204

3.Kanagala Seetharamaiah S/o. Venkaiah H.No.1-36, Mattapally, Suryapet, Nalgonda,Telangana 508204 Arb Appln No.1379 of 2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 02:29:43 pm )