M /s.SML Chennai Cars Private Ltd vs M/s.Shriram Finance Limited
- Court
- Madras High Court
OSA(CAD) Nos.10,14,16,19 & 21 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
OSA(CAD) No. 10 of 2026
CNR:{HCMA013172372025}
AND
OSA(CAD) NO. 21 OF 2026,OSA(CAD) NO. 16 OF 2026,OSA(CAD) NO.
19 OF 2026,OSA(CAD) NO. 14 OF 2026,CMP NO. 3461 OF 2026,CMP
NO. 3133 OF 2026,CMP NO. 2024 OF 2026,CMP NO. 2555 OF 2026,CMP
NO. 3547 OF 2026
1. M /s.SML Chennai Cars Private Ltd
Ground Floor, 37-F, Velachery Main Road,
Velacheri,
Chennai 600 042.
2. Mani M
..Appellant(s)
Vs
M/s.Shriram Finance Limited
Rep. by its Authorized Signatory,
Sakthivel,
S/o.Mani E,
Having its registered office at, Sri Towers,
Plot No.14a, South Phase,
Industrial Estate,
Guindy,
Chennai 600 032.
..Respondent(s)
OSA(CAD) No. 21 of 2026
CNR:{HCMA013172342025}
1. M/s. SML Chennai Cars Private Ltd. ,
Ground Floor,
37-F, Velachery Main Road,
Velachery,
Chennai 600 042.
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OSA(CAD) Nos.10,14,16,19 & 21 of 2026
2. Mani M
..Appellant(s)
Vs
M/s. Shriram Finance Limited. ,
Rep. by its Authorized Signatory,
Sakthivel,
S/o.Mani E,
Having its Registered office at
Sri Towers, Plot No.14A,
South Phase, Industrial Estate,
Guindy, Chennai-600 032.
..Respondent(s)
OSA(CAD) No. 16 of 2026
CNR:{HCMA013172352025}
1. SML Chennai Cars Private Ltd
Ground Floor,
37-F, Velachery Main Road,
Velacheri,
Chennai - 600 042.
2. Mani M
..Appellant(s)
Vs
Shriram Finance Limited
Rep. by its Authorized Signatory,
Sakthivel,
S/o. Mani E,
Having its Registered office at,
Sri Towers,
Plot No.14A,
South Phase,
Industrial Estate,
Guindy,
Chennai - 600 032.
..Respondent(s)
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OSA(CAD) Nos.10,14,16,19 & 21 of 2026
OSA(CAD) No. 19 of 2026
CNR:{HCMA013172362025}
1. SML Chennai Cars Private Ltd
Ground Floor,
37F, velachery Main Road
Velacheri,
Chennai-600042
2. Mani M
..Appellant(s)
Vs
Shriram Finance Limited
Rep. by its Authorized Signatory
Sakthivel,
S/o.Mani E,
having its Registered office at
Sri Towers, Plot NO.14A
South Phase, Industrial Estate
Guindy,
Chennai-600032
..Respondent(s)
OSA(CAD) No. 14 of 2026
CNR:{HCMA013172382025}
1. SML Chennai Cars Private Ltd,
Ground Floor, 37-F,
Velachery Main Road,
Velacheri,
Chennai-42
2. Mani M
..Appellant(s)
Vs
Shriram Finance Limited
Rep. by its Authorized Signatory,
Mr.Sakthivel,
S/o. Main E,
Having its Registered office at,
Sri Towers, Plot No.14A,
South Phase, Industrial Estate,
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OSA(CAD) Nos.10,14,16,19 & 21 of 2026
Guindy,
Chennai-32.
..Respondent(s)
OSA.No.10 of 2026 filed under Section 13(1A) of Commercial Courts Act and
Section 37 of Arbitration and Conciliation Act read with Clause 15 of Letters
Patent to set aside the order dated 26-11-2025 passed in Arb.Application
No.1041 of 2025.
OSA.No.21 of 2026 filed under Section 13(1A) of Commercial Courts Act and
Section 37 of Arbitration and Conciliation Act read with Clause 15 of Letters
Patent to set aside the Order dated 26.11.2025 passed in Arbitration Application
No.1045 of 2025
OSA.No.16 of 2026 filed under Section 13(1A) of Commercial Courts Act and
Section 37 of Arbitration and Conciliation Act read with Clause 15 of Letters
Patent to set aside the order dated 26.11.2025 passed in Arbitration Application
No.1043 of 2025.
OSA.No.19 of 2026 filed under Section 13(1A) of Commercial Courts Act and
Section 37 of Arbitration and Conciliation Act read with Clause 15 of Letters
Patent to set aside the order dated 26.11.2025 passed in Arbitration Application
No.1042/2025
OSA.No.14 of 2026 filed under Section 13(1A) of Commercial Courts Act and
Section 37 of Arbitration and Conciliation Act read with Clause 15 of Letters
Patent to set aside the order dated 26.11.2025 passed in Arbitration Application
No. 1046 of 2025.
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OSA(CAD) Nos.10,14,16,19 & 21 of 2026
In all appeals
For Appellants: Ms.T.Vairavi
for Mr.V.Balasubramanian
For Respondent(s): Mr.E.Raj Thilak
for Ms.Ginu
COMMON JUDGMENT
(Judgment of the Court was delivered by N.Sathish Kumar J.)
Challenging the common order of the learned Single Judge passed under
Section 9 of the Arbitration and Conciliation Act seeking appointment of an
Advocate Commissioner to re-possess the vehicles from the respondents, the
present appeals have been filed.
2. Originally applications have been filed by the respondent under Section
9 of the Arbitration and Conciliation Act for repossession of vehicles on the
basis of hire purchase agreement. An Advocate Commissioner was appointed
by the learned Single Judge to re-possess the vehicle. Since the Advocate
Commissioner was prevented, this Court issued a non-bailable warrant against
the second appellant and his son and later, when the warrant was about to
execute, the second appellant and his son appeared before the Court and filed
affidavits tendering unconditional apology and also undertaken that he will not
repeat such conduct in future. Taking note of the said affidavit, this Court
dropped the contempt proceedings, however, gave option to the appellants to
settle the amount. Challenging the said order, the present appeals have been
filed.
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OSA(CAD) Nos.10,14,16,19 & 21 of 2026
3. Heard both sides and perused the materials placed on record.
4. Now, it is stated that part payment is made and four vehicles are
retuned to the appellants and one vehicle is to be returned to the appellants. Be
that as it may, since order under Section 9 of the Arbitration and Conciliation
Act has been obtained, it is for the respondent to initiate the arbitration within a
period of 90 days and they cannot realise the amount under Section 9
application itself unless there is a proper award. We are of the view that it is for
the respondent to initiate the arbitration proceedings within a period of 90 days
failing which interim order already granted by the learned Single Judge stands
vacated automatically.
5. Accordingly, these original side appeals stand disposed of. No costs.
Consequently, connected miscellaneous petitions stand closed.
(N.S.K.,J.) (G.K.M.,J.)
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
dhk
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OSA(CAD) Nos.10,14,16,19 & 21 of 2026
N.SATHISH KUMAR J.
AND
GK.MUTHUKUMAAR J.
dhk
OSA(CAD) No. 10 of 2026
AND
OSA(CAD) NO. 21 OF 2026,OSA(CAD) NO. 16 OF 2026,OSA(CAD) NO.
19 OF 2026,OSA(CAD) NO. 14 OF 2026,CMP NO. 3461 OF 2026,CMP
NO. 3133 OF 2026,CMP NO. 2024 OF 2026,CMP NO. 2555 OF 2026,CMP
NO. 3547 OF 2026
26-10-2026
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