Cholamandalam Investment And Finance Co Ltd v. Hassan Tm

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Ms/.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 Singatory .... Applicant Vs.

Mr.Hassan TM, S/o.Moideen Moula .... Respondent PRAYER: Arbitration Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(1)(ii)(a)(b)(d) & (e) of the Arbitration and Conciliation Act, 1996, to appoint employee of the applicant viz. Akhil Poppy Antony, 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'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 ***** 1/4

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 25.08.2025 directing the respondent to pay a sum of Rs.11,92,744/-. 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.Akhil Poppy Antony, Legal Executive, is appointed as the receiver and the receiver is permitted to seize the vehicle from the respondent or 2/4

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. It is brought to the notice of this Court that the vehicle has been seized by the receiver. In spite of service of notice, there is no appearance for the respondent either in person or through counsel.

3. Since the vehicle has already been seized and handed over to the applicant, no further orders are required to be passed in this application. Accordingly, this application stands closed.

23.02.2026 mp 3/4

N.ANAND VENKATESH, J.

mp 23.02.2026 4/4