Cholamandalam Investment And Finance Co Ltd v. Jandel Rawat

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s.Cholamandalam Investment and Finance Company Limited, Chola Crest, C54-55 & Super B - 4, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032, Represented by its Authorised Signatory.

..Petitioner(s) Vs Jandel Rawar ..Respondent(s) Arbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9 (1) (ii) (a) (b) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint employee of the applicant viz., Mr.Sourav Sikarwar, Branch Receivables Manager, as Receiver to seize and take possession of the vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondent's men, agents, servants from respondent premises or wherever found with police and break open of premises, if necessary.

For Applicant : Mr.D.Pradeep Kumar For Respondent : No appearance

O R D E R

When the matter came up for hearing on 10.02.2026, this Court passed the following order:

"

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, [for brevity 'the Act'] for appointment of a receiver to seize and deliver the vehicle from the respondent to the applicant, if necessary, with police protection and by breaking open the premises.

2. Heard Mr.D.Pradeep Kumar, learned counsel for applicant and carefully perused the materials available on record.

3. It is seen that an award has already been passed on 24.06.2022 directing the respondent to pay a sum of Rs.4,33,919/-. The specific case of the applicant is that till date, the award has not been challenged and that the applicant is also not able to take possession of the vehicle. According to the applicant, the respondent is yet to pay the amount due and payable. It is under these circumstances, the present application has been filed before this Court.

4. Considering the fact that an award has been passed and the applicant must be able to recover the amount from the respondent, this Court is inclined to appoint a receiver.

5. Accordingly, Mr.Sourav Sikarwar, Branch Receivables Manager, is appointed as the receiver and the 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.

6. Notice to the respondent returnable by 26.02.2026. Private notice is also permitted.

List this application on 26.02.2026."

2. Notice sent to the respondent is awaited. However, the affidavit of service has also been filed indicating that the notice sent to the respondent had been returned with an endorsement as refused, which amounts to effective service on the respondent. The name of the respondent has also been printed in the cause list. However, there is no appearance either in person or through counsel. He was called absent and set exparte.

3. Learned counsel for applicant submitted that the award had already been passed on 24.06.2022.

4. In view of the aforesaid submission, the order passed by this Court on 10.02.2026 is made absolute. Accordingly, this application is disposed of. 24-06-2026 Index: Yes/No Speaking/Non-speaking order Maya

K.KUMARESH BABU, J.

Maya Dated : 24-06-2026