Cholamandalam Investment And Finance Co Ltd v. Muhammed Rafi Pilathottathil
Arb Appln No. 81 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH Arb Appln No. 81 of 2026 Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032. Represented by its Authorised Signatory.
..Petitioner(s) Vs Muhammed Rafi Pilathottathil S/o.Muhammed Basheer, Pilathottathil House, Kodur PO Mangattupulam, Masjid, Perintalmanna Kerala - 676 504.
..Respondent(s) Prayer: This application is filed under Order XIV Rule 8 of the Original Side Rules read with Section 9(1)(ii)(a)(b)(d)&(e) of the Arbitration and Conciliation Act, 1996, to appoint employee of the Applicant viz Mr. Sabu K. Area Legal Manager, as Receiver to seize and take possession of the vehicle which is more fully described in the schedule to the Judge's Summons which is lying in the custody of respondent or respondent men agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary.
For Petitioner(s):
Mr.D.Pradeep Kumar __________ https://www.mhc.tn.gov.in/judis
Arb Appln No. 81 of 2026 N.ANAND VENKATESH, J.
Asi
ORDER
This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for appointment of receiver for seizing the vehicle in the custody of the respondent, if necessary, with police protection and by breaking open the premises.
2. When the application came up for hearing on 30.01.2026, this Court issued notice to the respondent.
3. Private notice has been served on the respondent and affidavit of service has also been filed. However, the respondent is neither present nor represented through counsel. Hence, the apprehension raised on the side of the applicant that the respondent is trying to secret the vehicle is prima facie established.
4. In view of the above, Mr. Sabu K., Area Legal Manager, is appointed as the Court receiver and the Court receiver is permitted to seize the vehicle 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 Arb Appln No. 81 of 2026 __________ https://www.mhc.tn.gov.in/judis