Madras High Court
K.Afsal Rahman vs Sundaram Finance Limited on 25 August, 2023
C.M.A.Nos.343, 405, 559, 560, 563, 569, 577,
581, 595 & 596 of 2022
and C.M.P.Nos.2370, 2835, 4027, 4028, 4101,
4116, 4205, 4236, 4274 & 4275 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
C.M.A.Nos.343, 405, 559, 560, 563, 569, 577, 581, 595 & 596 of
2022
and C.M.P.Nos.2370, 2835, 4027, 4028, 4101,
4116, 4205, 4236, 4274 & 4275 of 2022
C.M.A.No.343 of 2022
K.Afsal Rahman ... Appellant
Versus
Sundaram Finance Limited,
Rep by its Assistant General Manager (Legal),
21, Patullos Road,
Chennai – 600 002. ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 37(1) of the
Arbitration and Conciliation Act, against the order dated 10.12.2021
passed by the Sole Arbitrator in I.A.No.203 of 2021 in ARB Case
No.KB/SF452/2021 permitting the respondent to repossess the vehicle
bearing No.LEYLAND 1611, MODEL 2020 bearing Chassis No.
MB1PBEHD2LEKF0414 fitted with Engine No.LKEZ400386
Registration No.TN-49-CA-8695.
https://www.mhc.tn.gov.in/judis
1/6
C.M.A.Nos.343, 405, 559, 560, 563, 569, 577,
581, 595 & 596 of 2022
and C.M.P.Nos.2370, 2835, 4027, 4028, 4101,
4116, 4205, 4236, 4274 & 4275 of 2022
For Appellant : Mr.R.Cauveriselvan
For Respondent : Mr.S.Suresh
JUDGMENT
The above appeals have been filed by the borrower, who had
availed loan for purchasing vehicles from the 1st respondent/Sundaram
Finance Limited under the following circumstances:
a)The appellant had purchased several vehicles in his name by
entering into Higher Purchase Agreement from the 1st respondent. Since
the appellant had defaulted in payment of loan, the 1st respondent
initiated Arbitration proceedings.
b)The 1st respondent also filed interim application in all the
proceedings seeking permission to re-possess the vehicles.
c)The Arbitral Tribunal found that the appellant had committed
default in re-payment of loan and hence permitted the 1st respondent to
take possession of the vehicles through Advocate Commissioner.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.343, 405, 559, 560, 563, 569, 577,
581, 595 & 596 of 2022
and C.M.P.Nos.2370, 2835, 4027, 4028, 4101,
4116, 4205, 4236, 4274 & 4275 of 2022
d)Aggrieved by the order of the Arbitral Tribunal, the appellant
preferred the present appeals.
2.There is no representation for the appellant when the matter was
called on 23.08.2023. Therefore, the cases are listed today under the
caption “For Dismissal”.
3.Today, the learned counsel for the appellant appeared and
submitted that he has no instruction from his client.
4.Heard the learned counsel for the 1st respondent.
5.Since the appellant is not interested in pursuing the cases, this
Court is inclined to pass orders based on the materials available on
record.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.343, 405, 559, 560, 563, 569, 577,
581, 595 & 596 of 2022
and C.M.P.Nos.2370, 2835, 4027, 4028, 4101,
4116, 4205, 4236, 4274 & 4275 of 2022
6.On perusal of records, it is seen from the order passed by the
Arbitral Tribunal that on the application filed by the 1st respondent, the
Tribunal had directed the 1st respondent to take possession of the vehicles
through Advocate Commissioner and retain the custody of the vehicles
with the further direction to the 1st respondent not to sell or use the
vehicles without the leave of the Tribunal and posted the cases for further
proceedings. At this stage, the appellant filed the instant appeal.
7.It is also seen from the order that the Arbitral Tribunal had
passed interim ex-parte order and issued notice to the appellant for
further proceedings. The applications have not been decided finally. In
view of the same, this Court is of the view that in the facts of the instant
case the appeals are pre-mature. It is also stated that pursuant to the
orders passed by the Arbitral Tribunal, the 1st respondent has re-
possessed the vehicles. It is for the Arbitral Tribunal to consider the
prayer and decide the applications finally after issuing notice.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.343, 405, 559, 560, 563, 569, 577,
581, 595 & 596 of 2022
and C.M.P.Nos.2370, 2835, 4027, 4028, 4101,
4116, 4205, 4236, 4274 & 4275 of 2022
8. In the above circumstances, this Court is of the view that the
instant appeals cannot be entertained at this stage and the same are liable
to be dismissed.
9.This Court also records the fact that the learned Government
Advocate brought to the notice of this Court that the appellant is an
accused for the offence punishable under Sections 406 and 420 IPC on
the file of the District Crime Branch in Crime No.78 of 2021 and that the
properties of the appellant including his vehicles are sought to be
attached by the Government. This Court had directed the learned
Government Advocate to take instruction on the action taken by the
Investigating Officer as regards seizure of vehicles of the appellant. On
instruction, the learned Government Advocate submitted that the vehicles
which are in possession with the 1st respondent have been seized by the
Investigating Officer. The above facts are recorded without expressing
any opinion on the merits of the claim made by the 1st respondent over
the vehicles. That issue has to be adjudicated by the appropriate forum.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.343, 405, 559, 560, 563, 569, 577,
581, 595 & 596 of 2022
and C.M.P.Nos.2370, 2835, 4027, 4028, 4101,
4116, 4205, 4236, 4274 & 4275 of 2022
SUNDER MOHAN, J.
rst
10.With the above observations, these appeals are dismissed. No
costs. Consequently, connected miscellaneous petitions are closed.
25.08.2023
rst
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To:
The Section Officer,
VR Section,
High Court, Madras.
C.M.A.Nos.343, 405, 559, 560, 563, 569,
577, 581, 595 & 596 of 2022
and C.M.P.Nos.2370, 2835, 4027, 4028, 4101,
4116, 4205, 4236, 4274 & 4275 of 2022
https://www.mhc.tn.gov.in/judis
