Tata Capital Ltd v. Sri Sai Cranes

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Tata Capital Limited, By its Associate Legal Remedial, R.Kamalakkannan Having its office at 1st Floor, Centennial Square, 6A-Dr.Ambedkar Salai, Kodambakkam, Chennai - 600 024.

.... Applicant Vs.

SRI SAI CRANES A 306 Housing Unit Elango Nagar Sitra, Coimbatore, PIN Code - 641 014.

Tamil Nadu.

.... Respondent Arbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (b) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint Abish DJ employee currently designated as Legal Manager in the Applicant Company having his office First Floor, Centennial Square, Dr.Ambedkar Salai, Kodambakkam, Chennai, Tamil Nadu - 600 024 as Receiver to seize and deliver the asset TRUCK CRANE ASSET MODEL SANY HEAVY Industry India Pvt Ltd CEQ Sany STC800S 80T TRUCK CRANE bearing Engine No.WP10375E530 Chassis No.LFCNPG6P3H2011915 Reg.No.MH01EN4148 situated at Sri Sai Cranes A 306 Housing Unit Elango Nagar, Sitra Coimbatore 641 014 or wherever it is found 1/4

morefully described hereunder with police aid or break open the premises from wherever it is found and handover the same to the Applicant. For Applicant : Mr.N.K.Vanan *****

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 to the applicant, if required, with police aid.

2. The petitioner extended financial facilities to the respondent. Since the respondent committed default, a recall notice dated 13.06.2025 was issued and in spite of receipt of the same, there was no response from respondent. It is under these circumstances, the present petition came to be filed before this Court.

3. When the application came up for hearing on 17.11.2025, this Court issued notice to respondent.

4. Private notice has been served on the respondent and affidavit of service has also been filed. The name of the respondent has 2/4

also been printed in the cause list. 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.

5. In view of the above, Mr.Abish DJ, 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. 15.12.2025 gm N.ANAND VENKATESH, J.

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