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Madras High CourtArb Appln/1355/2025disposed of

Cholamandalam Investment And Finance Co Ltd v. J K International

2025-11-13Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M/s Cholamandalam Investment and Finance Company Limited Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032 rep by its Authorised Signatory Applicant(s) Vs M/s J K International Rep.by its Partner, 3/251C 2nd Floor, Kamarajar Nagar, Sathya Colony North Mannarai, Revathi Theatre, Tirupur, Tamil Nadu 641 607.

Respondent(s) PRAYER To appoint employee of the Applicant viz Mr.Sridharan K, Legal Manager, as Receiver to seize and take possession of the vehicle 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. For Applicant(s):

Mr.D.Pradeep Kumar For Respondent(s):

Mr.Balaji Thirumoorthy

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment of a Receiver to seize the subject vehicle in the custody of the respondent or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicant.

2. When the application came up for hearing on 16.10.2025, this Court, on carefully going through the averments made in the affidavit filed in support of the application, thought it fit to order notice to the respondent to ascertain as to whether the respondent will be willing to settle the dispute.

3. When the matter was taken up for hearing today, affidavit of service has been filed and it is seen that the private notice sent to the respondent has been served and the respondent is represented through counsel.

4. The learned counsel for respondent submitted that the respondent will settle the issue with the applicant within four weeks.

5. Considering the facts and circumstances of the case, Mr.K.Sridharan, Legal Manager of the applicant is appointed as Receiver for seizing the subject vehicle from the respondent or wherever it is found and by breaking open the premises, if required, with police aid. However, this order is kept in abeyance for a period of four weeks. If the amount is settled by the respondent, the above order will automatically stand rescinded and if it is not settled, the above order will come into operation.

6. This application is disposed of in the above terms. 13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss To 1.J K International Rep.by its Partner, 3/251C 2nd Floor, Kamarajar Nagar, Sathya Colony North Mannarai, Revathi Theatre, Tirupur, Tamil Nadu 641 607.

N.ANAND VENKATESH J.

ss Arb Appln No. 1355 of 13-11-2025