Cholamandalam Investment And Finance Co Ltd v. Sabu Nv

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH M/s.Cholamandalam Investment and Finance Company Limited 'Chola Crest', C 54 & 55, Super B-4 Thiru.Vi.Ka Industrial Estate Guindy, Chennai - 600 032.

Represented by its Authorised Signatory ..... Applicant Vs Sabu N.V S/o.Varkey Nadukkudiyil, Noolpuzha PO Kallumukk, Wayanad Kerala - 673 592.

..... Respondent Prayer : Application filed under Order XIV Rule 8 of O.S.Rules read with Section 9(I)(ii)(a)(b)(d)&(e) of Arbitration and Conciliation Act, 1996, praying to appoint an Advocate Commissioner to seize and deliver the construction equipment to applicant which is morefully 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 aid and break open of premises if necessary and pass orders. For Applicant : Mr.D.Pradeep Kumar 1/4

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of an Advocate Commissioner for seizing the construction equipment in the custody of the respondent, if necessary, with police protection and by breaking open the premises.

2. When this application came up for hearing on 10.09.2025, this Court passed the following order:- "This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 [for brevity, hereinafter referred to as 'the Act'] for appointing an Advocate Commissioner to seize and deliver the vehicle to the applicant.

2. Learned counsel for the applicant submitted that an award has been passed by the sole arbitrator on 25.08.2025.

3. Considering the fact that an award has been passed and there is an apprehension for the applicant that the vehicle will be secreted and ultimately the applicant will not be able to execute the award, hence, this Court is inclined to permit the applicant to seize the vehicle with the help of their own employee viz., Ms.Arya, Legal Executive, if required, through police aid.

4. It is made clear that the vehicle will not be sold by 2/4

the applicant until further orders passed in this application.

5. Notice to the respondent returnable by 13.10.2025. Private notice is also permitted.

Post on 13.10.2025."

3. Pursuant to the above order, the private notice was served on the respondent and affidavit of service has been filed. However, today there is no appearance for the respondent either in person or through counsel.

4. The learned counsel for the applicant submitted that the vehicle was seized by the Receiver appointed by this Court and handed over the vehicle to the applicant.

5. In the light of the further development, no further orders is required to be passed in this application.

6. This application stands disposed of in the above terms. 14-10-2025 ds N. ANAND VENKATESH., J 3/4

ds 14.10.2025 4/4