Cholamandalam Investment And Finance Co Ltd v. Jayanti Sakhalkar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Arb Appln No. 1484 of 2025 M/s.Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Rep. by its Authorised Signatory Applicant(s) Vs Jayanti Sakhalkar Respondent(s) PRAYER To appoint employee of the Applicant viz Mr.SALIM REHMANAWAR, BRANCH LEGAL 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 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

ORDER

When the matter came up for hearing on 17.11.2025, 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 10.03.2025 directing the respondent to pay a sum of Rs.7,08,329/-. The specific case of the applicant is that till date, the award has not been challenged. 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.

https://www.mhc.tn.gov.in/judis

N. ANAND VENKATESH, J.

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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.Salim Rehmanawar, Branch Legal 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 15.12.2025. Private notice is also permitted. List this application on 15.12.2025."

2. Private notice has been served on respondent and affidavit of service has also been filed. The name of respondent has also been printed in the cause list. 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.

3. Learned counsel for the applicant submitted that the subject vehicle has been seized by the receiver.

4. In view of the aforesaid submission, the order passed by this Court on 17.11.2025 is made absolute.

Accordingly, this application is disposed of. gya 05.01.2026 Arb Appln No. 1484 of 2025 https://www.mhc.tn.gov.in/judis