Madras High Court
M/S Indusind Bank Ltd vs M/S Neeraj Dangi Construction Pvt Ltd on 15 October, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Arb.Appln.Nos.1142 & 1143 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Arbitration Application Nos.1142 & 1143 of 2025
M/s IndusInd Bank Ltd
Consumer Finance Division
Rep. by its Assistant Vice President
No. 34, G N Chetty Road,
T Nagar, Chennai - 600017.
... Applicant
in both Applns.
Vs.
1. M/s Neeraj Dangi Construction Pvt Ltd
Rep.by its Director Mr.Sudhir Kumar,
1st Floor, Shop No.3, Near Sunil Hotel,
Sheela Bypass, Rohtak, Haryana 124 001.
2.Mr Sudhir Kumar
Mr. Sudhir Kumar, S/o. Inder Singh,
H. No. 1079, Opp. Community Centre,
Sec. -2, Rohtak, Haryana - 124001.
...Respondents
in both Applns.
Prayer:
Arbitration Application No.1142 of 2025 filed under Order XIV Rule
8 of O.S. Rules read with Section 9(1)(2)(a)(b)(d) & (e) of the Arbitration
Act, 1996, to appoint an Advocate Commissioner to seize and deliver the
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 04:02:55 pm )
Arb.Appln.Nos.1142 & 1143 of 2025
vehicle/machine EICHER, Eicher Pro 6028T G BS6 LY PRM 11X20 16BB
GTM bearing Vehicle Reg.No.HR46G3236 Vehicle Engine No.VEDX8
621181 K6 P and Chassis No.MC2BAGRC0PE096159 to the custody of the
Applicant, available at the Respondent premises or wherever found and with
whomsoever it is found and permit the Advocate Commissioner to obtain
Police aid and to break open the premises.
Arbitration Application No.1143 of 2025 filed under Order XIV Rule
8 of O.S. Rules read with Section 9(1)(2)(a)(b)(d) & (e) of the Arbitration
Act, 1996, to appoint an Advocate Commissioner to seize and deliver the
vehicle/machine EICHER, Eicher Pro 6028T G BS6 LY PRM 11X20 16BB
GTM bearing Vehicle Reg.No.HR46G3104 Vehicle Engine No.VEDX8
621167 K6 P and Chassis No.MC2BAGRC0PE096156 to the custody of the
Applicant, available at the Respondent premises or wherever found and with
whomseover it is found and permit the Advocate Commissioner to obtain
Police aid and to break open the premises.
For Applicant in both applns. : Ms.Meera Gnanasekar
COMMON ORDER
These applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Act No.26 of 1996) for appointment of an Advocate Commissioner to seize and deliver the Vehicles more fully 2/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 04:02:55 pm ) Arb.Appln.Nos.1142 & 1143 of 2025 described in the schedule to the Judges Summons.
2. When these applications came up for hearing on 20.08.2025, this Court passed the following common order:-
"These applications have been filed under Section 9 of the Arbitration and Conciliation Act, seeking for appointment of advocate commissioners to repossess the respective vehicles / equipments more fully described in the respective schedule to the respective Judges Summons from the respondents or wherever available.
2. The respondents are defaulters in the repayment of the loan to the applicant. They had availed loan for the purchase of vehicles / equipments. The vehicles / equipments hypothecated to the applicant are more fully described in the respective schedule to the respective Judges Summons in these applications. Under the respective loan agreements, the applicant is empowered to repossess the vehicles / equipments from the respondents, in case they commit default in the repayment of the loan to the applicant. There exists an arbitration clause in the loan contracts, which are the subject matter of these applications. The applicant has expressed its willingness to go for arbitration in accordance with the arbitration clause contained in the respective agreements.
3. Since the applicant has been unable to repossess the vehicles / equipments on their own, they have filed this application seeking for appointment of advocate commissioners by this Court to repossess the vehicles / equipments from the respondents or wherever available. The details of the amounts due and payable by the respondents to the applicant are furnished below:
Arb. Appln. No. of Arrears of Total
No. installments Installments (in outstanding
due Rs.) amount (in
Rs.)
1140 of 12 15,67,033 32,21,635
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Arb.Appln.Nos.1142 & 1143 of 2025
Arb. Appln. No. of Arrears of Total
No. installments Installments (in outstanding
due Rs.) amount (in
Rs.)
2025
1141 of 13 17,02,033 33,57,434
2025
1142 of 12 15,67,022 32,21,624
2025
1143 of 13 17,02,784 33,57,386
2025
4. This Court after giving due consideration to the contents of the affidavit filed in support of these applications as well as the documents filed along with these applications, is of the considered view that a prima facie case has been made out by the applicant for the appointment of advocate commissioners by this Court to repossess the vehicles / equipments from the respondents or wherever available. However, in order to strike a balance to enable the respondents to get back possession of the vehicles / equipments once they are repossessed by the advocate commissioners, this Court deems it fit to put the respondents on terms by directing the respondents to pay the arrears of installments due as on date under the respective contracts within a period of three days from the date when the advocate commissioners repossess the vehicles / equipments from the respondents or wherever available.
5. The details of the amounts due and payable by the respondents within a period of three days from the date of the respective communication from the Advocate Commissioners under each of the loan agreements to enable them to get back the vehicles / equipments from the applicant after they are repossessed by the Advocate Commissioners are as follows:4/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 04:02:55 pm ) Arb.Appln.Nos.1142 & 1143 of 2025 Arb. Appln. No. Arrears of Installments (in Rs.) 1140 of 2025 15,67,033 1141 of 2025 17,02,033 1142 of 2025 15,67,022 1143 of 2025 17,02,784
6. Accordingly, the following directions are issued by this Court:
a) R. Dayan Shariff, Advocate having address at Old No.152, New No.315, 3rd floor, Thambu Chetty Street, Chennai - 600 001 (Mob. No.91760 78958) is appointed as the advocate commissioner to re-posses the vehicles / equipments morefully described in the respective schedule to the respective Judges Summons from the respondents or from their premises or wherever available in Arb. Appln. Nos.1140 and 1141 of 2025;
b) Anbarasi Rajendran, Advocate having address at No.76, III floor, Marshall Enclave, Chennai - 600 008 (Mob.
No.95001 04903) is appointed as the advocate commissioner to re-posses the vehicles / equipments morefully described in the respective schedule to the respective Judges Summons from the respondents or from their premises or wherever available in Arb. Appln. Nos.1142 and 1143 of 2025 ;
d) The advocate commissioners after re-possessing the respective vehicles / equipments, shall handover interim custody of the same to the applicant, who shall keep it in their safe custody;
e) The advocate commissioners, immediately after re- possessing the respective equipment, shall intimate the respondents either through Registered Post with Acknowledgment Due (RPAD) or by hand delivery through a written communication, that they are in arrears of installments payable to the applicant;
f) The respondents on payment of the respective arrears of installments as disclosed in paragraph No.5 of this order to the applicant within a period of three days from the date when the respective vehicles / equipments were re-possessed, are 5/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 04:02:55 pm ) Arb.Appln.Nos.1142 & 1143 of 2025 entitled for return of the seized respective vehicles / equipments, provided an undertaking is given by the respondents that the respondents shall pay the future installments on the due dates, without any default. On receipt of the arrears of installments within the stipulated time as stated supra, the applicant shall redeliver the respective vehicles / equipments back to the respondents with proper acknowledgment and the advocate commissioners shall also render proper assistance for the same;
g) The applicant shall initiate arbitration in accordance with the arbitration agreement contained in the respective contracts 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 vehicles / equipments shall also be redelivered back to the respondents by the applicant unconditionally;
h) In case, the advocate commissioners require 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 respective vehicles / equipments, the advocate commissioners are 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 respective vehicles / equipments are located, if required, the advocate commissioners shall break open the premises in the presence of the police and take an inventory and thereafter re-posses the respective vehicles / equipments;
i) Each of the advocate commissioners shall be paid an initial remuneration of Rs.40,000/-, which is payable by the applicant; the applicant shall pay the same before the execution of the warrant of commission; and on receipt of the same, the advocate commissioners shall proceed to execute this order. All the boarding, lodging and travelling expenses for the advocate commissioners shall be borne by the applicant.
7. Notice to the respondents, returnable by 24.09.2025. Private Notice is also permitted."
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3. Today, when the matter was taken up for hearing, learned counsel for applicant submitted that notice sent to the first respondent has been returned with an endorsement "Left without instructions" and notice sent to the second respondent has been served and affidavit of service has been filed. However, there is no representation for the respondents either in person or through counsel. Hence, the apprehension raised on the side of the applicant that the respondents are trying to secret the Assets is prima facie established.
4. In view of the above, in the place of Advocate Commissioner, Mr.Sumit Arora, Chief Manager, is appointed as Receiver for seizing the subject Vehicles from the respondents or wherever they are found and by breaking open the premises, if required, with police aid.
These applications are disposed of in the above terms.
15.10.2025 mk Index: Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No 7/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 04:02:55 pm ) Arb.Appln.Nos.1142 & 1143 of 2025 N.ANAND VENKATESH, J.
mk Arbitration Application Nos.1142 & 1143 of 2025 15.10.2025 (2/2) 8/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2025 04:02:55 pm )