Cholamandalam Investment And Finance Co Ltd v. Akshay Dadasaheb Galave
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-01-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Applicant(s) Vs Akshay Dadasaheb Galave S/o.Dadasaheb, Ahilyadevi Holakar Society, Sanjaynagar, Sangali Sangli, Opp Ram Janki Temple, Miraj, Maharashtra 416 416.Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Respondent(s) PRAYER Arbitration Application under Order XIV Rule 8 of OS 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.Pranav Kumar Narsinha Kulkarni, Legal Executive, 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 Appellant(s):
Mr.D.Pradeep Kumar For Respondent(s):
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ORDER
This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (in short "the Act"). 2.
When the application 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 30.05.2025 directing the respondent to pay a sum of Rs.15,13,672/-. 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.
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.Pranavkumar Narsinha Kulkarni, Legal Executive, 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.
7. List this application on 15.12.2025 3.It is seen that the private notice sent to the respondent has been returned
with an endorsement "left".
4.In view of the above, it is quite clear that the respondent is trying to evade the notice and the apprehension on the part of the applicant that the respondent is trying to secret the vehicle is prima facie proved. Hence, the order passed on 17.11.2025 is made absolute and this application is disposed of in the above terms.
19-01-2026 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.Akshay Dadasaheb Galave S/o.Dadasaheb, Ahilyadevi Holakar Society, Sanjaynagar, Sangali Sangli, Opp Ram Janki Temple, Miraj, Maharashtra 416 416.Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai
N.ANAND VENKATESH J.
rka Arb Appln No. 1483 of 19-01-2026