Ms Hdb Financial Services Limited v. Shashi Kumar N
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH M/s.HDB Financial Services Limited Having one of its branch office at 4th Floor, Loyal Towers, No.68/2, Greams Road, Chennai - 600 006.
Rep. by its Authorised Signatory, Mr.P.Saravanan.
..Applicant(s) Vs
1. Shashi Kumar. N.
S/o.Narayanappa Ward No.09, TG Tank Road, Chikaballapur, Karnataka - 562 101.
2. Suma GV W/o.Shashi Kumar. N Ward No.09, TG Tank Road, Chikaballapur, Karnataka - 562 101.
..Respondent(s) Prayer: This application is filed under Order XIV Rule 8 of the Original Side Rules read with Section 9(ii)(d)&(e) of the Arbitration and Conciliation Act, 1996, to appoint employee of the applicant viz Mr.Dileep H.V., Collection Manager of the applicant as Receiver to seize and deliver the Asset "JCB 3DX" Construction Equipment Registration No.KA40N4902, Engine No.H00366118 Chassis No.HAR3DXS4K03275725 available at the respondents' premises or wherever found and permit the receiver Mr.Dileep H. V., Collection Manager to obtain police aid and to break open the premises. For Applicant(s):
Mr.M.Arunachalam
ORDER
This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for appointment of receiver to seize and deliver the Asset "JCB 3DX" Construction Equipment Registration No.KA40N4902, Engine No.H00366118 Chassis No.HAR3DXS4K03275725 available at the respondents' premises or wherever found and permit the Receiver to obtain police aid and to break open the premises.
2. When the application came up for hearing on 23.01.2026, this Court issued notice to the respondent.
3. The private notice sent to the respondents have been returned with an endorsement "refused" and affidavit of service has also been filed. As the notice has been sent to the address given in the agreement, there is a deemed service on the respondents and the respondents are neither present nor represented through counsel. Hence, the apprehension raised on the side of the applicant that the respondents are trying to secret the construction equipment is prima facie established.
4. In view of the above, Mr.Dileep H.V., Collection Manager, is appointed as the Court receiver and the Court receiver is permitted to seize the construction equipment from the respondent or wherever it is found and by breaking open the premises, if required with police assistance. This application stands disposed of in the above terms. 24-02-2026 Asi To
1. Shashi Kumar. N.
S/o.Narayanappa Ward No.09, TG Tank Road, Chikaballapur, Karnataka - 562 101.
2. Suma GV W/o.Shashi Kumar. N Ward No.09, TG Tank Road, Chikaballapur, Karnataka - 562 101.
N.ANAND VENKATESH, J.
Asi 24-02-2026