Madras High Court
ARB APPLN/1648/2025 of Induind Bank Ltd Vs Mugilan Enterprises on 30 September 2026
Arb Appln Nos. 1648, 1721 and 1722 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
Arb Appln Nos. 1648, 1721 and 1722 of 2025
Indusind Bank Ltd
Rep.by its Assistant Vice President
A.Ganesh Kumar, Consumer Finance Division, No.34, G N Chetty Road, T.Nagar, Chennai 600 017.
..Applicant in all
applications
Vs
Mugilan Enterprises
Rep.by its Proprietor Mr.Mugilan, Nagaraja Kandigai Village, Periya Obulapura, Gummidipoondi Tiruvallur, Tamil Nadu 601 201.
..Respondent in
Arb.Appln.No.1648/2025
S Muralidharan
S/o.Subramani
..Respondent in
Arb.Appl.Nos.1721 & 1722/2025
PRAYER:
Arbitration Application No.1648 of 2025
Arbitration Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(1)(2)(ii)(a)(b)(d) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointment of Lazar Arun, ECN - R09542, Chief Manager, Employee of the Applicant as a receiver to seize and deliver the vehicle/machine AIRLIFTERS RENTAL BOOM LIFT - JLG, JLG 860 SJ 0300184691 USED JLG BOOM LIFT YOM 2014 bearing
Arb Appln Nos. 1648, 1721 and 1722 of 2025
machine Serial No.300184691 to the custody of the Applicant, available at the
Respondent premises or wherever found and with whomsoever it is found and
permit the receiver to obtain police aid and to break open the premises.
Arbitration Application No: 1721 of 2025
Arbitration Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(1)(2)(ii)(a)(b)(d) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointment of Christopher, Employee ID 1BLR12394, Chief Manager, employee of the Applicant as a receiver to seize and deliver the vehicle/machine TATA HITACHI Hydraulic Excavator Model EX200 Super Plus Infra, bearing Engine No.32D95419411and Chassis No.SP2035186 to the custody of the Applicant, available at the
permit the receiver to obtain Police aid and to break open the premises.
Arbitration Application No: 1722 of 2025
Arbitration Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(1)(2)(ii)(a)(b)(d) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointment of Christoher, Employee ID 1BlR12394, Chief Manager, employee of the Applicant as a receiver to seize and deliver the vehicle/machine Crane Mounted Vehicle ACTION CONSTRUCTION EQUIPMENT LTD, F230 bearing Engine No.E414CDNM416440E and Chassis No.ACE0F230JN1264417 and Registration No.TN18BY3656 to the custody of the Applicant, available at the permit the receiver to obtain Police aid and to break open the premises.
For Applicant :
[in all applications]
Ms.Meera Gnanasekar
For Advocate
Commissioner :
Mr.K.R.Gunashekar
Arb Appln Nos. 1648, 1721 and 1722 of 2025
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COMMON ORDER
During the earlier hearing of this Court on 18.08.2026, this Court has passed the following order: “By order dated 27.02.2026, this Court directed the respondents to clear the dues by paying the agreed monthly instalments and on failure to comply, had also appointed a Party Receiver for repossession of the vehicles/machines. With the aforesaid directions, the applications were disposed of and directed to be listed for reporting compliance in the month of June 2026.
2. Again when the matter was taken up for hearing, it was indicated by the learned counsel for the applicant that the amount had not been paid and the vehicles/machines had also been secreted by the respondent. However, on the undertaking given by the respondent that he would make good the payments by the following Monday or, on failure of the same, would hand over the vehicles/machines, the Court had directed the matter to be listed on 30.06.2026. On 30.06.2026, further time was sought for reporting compliance. When the matter was again listed on 03.07.2026, this Court had granted further time to make good the outstanding dues and had also indicated that this Court would be constrained to initiate contempt proceedings against the respondents, as they had made this Court believe that they would make the payments in instalments, while passing the order dated 27.02.2026.
3. Further time was extended by this Court on 12.08.2026 for compliance, in spite of which the order remained uncomplied with.
Arb Appln Nos. 1648, 1721 and 1722 of 2025
4. The learned counsel appearing for the applicant would submit that, as the respondents had secreted the vehicles/machines in issue, the Party Receiver is unable to execute the warrant issued in his favour. In that context, this Court is of the view that the warrant issued by this Court in its order dated 27.02.2026 is recalled.
5. In fine, Mr.K.R.Gunashekar, Advocate, No.88, Law Chambers, High Court Buildings, Chennai – 600 104 (Mobile No.9444-101-324) is appointed as Advocate Commissioner to repossess the vehicles/machines covered under these applications, available at the respondent’s premises or wherever found and with whomsoever it is found and hand over the same to the custody of the applicant. He/She would be entitled for a remuneration of a sum of Rs.30,000/- (Rupees Thirty Thousand in each of the applications) in advance. The expenses towards his travel and stay shall be defrayed by the applicant. The said initial remuneration shall be paid to the Advocate Commissioner within a period of two weeks from the date of receipt of communication from him.
6. It is hereby made clear that if police help is required, the Advocate Commissioner shall make a request to the local police station within whose jurisdiction the vehicle is found and on such request being made, the Station House Officer shall send the Police Personnel along with the Advocate Commissioner to seize the vehicle. 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 premises. If the Advocate Commissioner find any difficulty with the jurisdictional police,
Arb Appln Nos. 1648, 1721 and 1722 of 2025
he is at liberty to approach Superintendent of Police, who shall provide all necessary assistance to the Advocate Commissioner at the time of seizure of the vehicle. After the seizure, the vehicle is to be handed over to the applicant or to their representative, after taking inventories.
7. If the respondent makes good the unpaid installments or makes substantial payments of the dues to be paid to the satisfaction of the applicant, the applicant shall return the asset in the condition it was re-possessed.
8. With the aforesaid modifications, list the matter after four (4) weeks under the caption “For Reporting Compliance.”
2. In spite of having given enough opportunities for the respondents to make good the defaulted amounts to the applicant, they had failed to pay the remaining dues to the applicant. Thereafter, by order dated 18.08.2026, this Court had appointed an Advocate Commissioner and his warrant was also extended until further orders by a subsequent order dated 15.09.2026. It is to be noted that he had also benefitted with the initial remuneration and in that regard, no further orders are required to be made in these applications.
3. Accordingly, these applications stand closed and the warrant issued by this Court is made absolute. No costs. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mp
Arb Appln Nos. 1648, 1721 and 1722 of 2025
K.KUMARESH BABU J. mp Arb Appln Nos. 1648, 1721 and 1722 of 2025 30-09-2026