Mercedes Benz Financial Services India Private Limited v. Kamco Chew Food Private Limited

O R D E R This application has been filed for an order of appointment of an Advocate Commissioner to seize and deliver the Vehicle which is morefully described in the schedule to the Judges Summons which is lyiing in the custody of respondent or respondent's men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary.

¶2The learned counsel appearing for the applicant would submit that the applicant provided a loan to the respondent for the purchase of the asset vehicle Page2 of 6 and also a Loan Agreement had also been entered by the respondent with the applicant on 17.08.2023. The brief details in nutshell are as follows: S.No. Particulars Remarks Name of the Lender M/s.Mercedes-Benz Financial Services India Private Limited Name of the Borrower M/s.Kamco Chew Food Private Limited Date of the Loan Agreement

17.08.2023 Loan amount Rs.1,55,00,000/- No. of installments 48 Instalments First installment

18.09.2023 Last installment

18.08.2027 Notice

29.12.2025 Reply to the Notice Nil Rate of interest

7.16% Amount claimed (as on 22.12.2025) Rs.1,20,82,646.56 Arbitration

proceedings initiated Arbitration not yet invoked

¶3The learned counsel for the applicant further submits that the respondent, having availed the loan, failed to repay the same. He would submit that the hypothecated vehicle is a movable asset and if it is kept in idle condition, it would get damaged and its value also gets deteriorated and hence, he would urge this Court to appoint an Advocate Commissioner to re-possess the asset morefully described in the schedule to the Judges summons available at the respondent's premises, in order to make the security effective and the Page3 of 6 money in dispute in arbitration is fully secured by way of sale of the vehicle in public auction after following due process of law.

¶4In spite of notice having been effected on the respondent, the respondent had neither chosen to appear before this Court in person nor is being represented by a counsel. The name of the respondent has been reflected in the cause-list. He was called absent and set ex parte.

¶5I have considered the submissions made by the learned counsel for the applicant and also perused the materials placed on record.

¶6This Court is of the view that the applicant has made out a prima facie case for appointment of an Advocate Commissioner. It is also to be noted that notice under Section 21 of the Arbitration and Conciliation Act had been issued.

¶7Upon considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant, this Court is satisfied that the applicant has made out a case to appoint an Advocate Commissioner. Accordingly, Mr.G.Vinoth Kumar, Advocate, having office at No.10, 1st Floor, Kondi Chetty Street, Parrys, Chennai-600001, (Mob. No.6369-217253) is appointed as the Advocate Commissioner to seize the vehicle viz., Mercedes-Benz EQS 580 4MATIC, bearing Engine Page4 of 6 No.78060010032880, Chassis No.W1K2971446L000137 and Registered as MP09ZS0097 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and hand over the same to the custody of the applicant. He shall be paid his initial remuneration of Rs.30,000/- (Rupees Thirty Thousand Only) 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.

¶8It 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, 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. Page5 of 6

¶9If 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.

¶10With the above said terms, this application stands disposed of.

¶11A report shall be filed by the learned Advocate Commissioner within a period of six (6) weeks. 17-06-2026 Maya Copy to Mr.G.Vinoth Kumar, Advocate, having office at No.10, 1st Floor, Kondi Chetty Street, Parrys, Chennai-600001, (Mob. No.6369-217253) Page6 of 6

K.KUMARESH BABU, J. Maya Dated : 17-06-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-06-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s.Mercedes-Benz Financial Services India Private Limited 5th Floor, Plot No.8, Baashyam Willow Square, 9&10, First Street, Thiruvika Industrial Estate, Guindy, Chennai-600 032 Represented by its Authorised Signatory ..Applicant Vs M/s.Kamco Chew Food Private Limited 47, S.K.Compound, Lasudia Mori Lasudia Mori, Dew AS Naka, Indore Madhya Pradesh – 452 010. ..Respondent For Applicant : Mr.D.Pradeep Kumar For Respondent : No appearance