Cholamandalam Investment And Finance Co Ltd v. Muhammed Adhnanppproprietor Adaan Group Of Companies Business And Service

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025

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.

Muhammed Adhnanpp .... Respondent 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.Devarajan C, Area 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 and respondent's men, agents, servants from respondent premises or wherever found with police aid and break open of premises, if necessary. For Applicant : Mr.D.Pradeep Kumar *****

ORDER

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This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for appointment of a receiver to seize the vehicle in the custody of the respondent, if necessary, with police protection and by breaking open the premises.

2. The respondent availed financial facilities from the applicant and they entered into an agreement on 16.08.2023. The total agreement value is Rs.13,61,250/-, which is payable in 72 monthly instalments starting from 20.09.2023 ending with 20.08.2029. As on 15.10.2025, a sum of Rs.7,74,815/- is payable by the respondent. Since the respondent did not repay the amount, arbitration proceedings were initiated and the same is pending.

3. The specific case of the applicant is that the applicant is also not able to take possession of the vehicle. It is under these circumstances, the present application has been filed before this Court.

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

5. The private notice sent to the respondent has been returned 2/4

with an endorsement "closed-returned" and affidavit of service has also been filed. As the notice has been sent to the address given in the agreement, there is a deemed service on the respondent and 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 equipment is prima facie established.

6. In view of the above, Mr.Devarajan C, 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. 15.12.2025 gm N.ANAND VENKATESH, J.

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