Sundaram Finance Ltd v. Lsv Concrete Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M/s.Sundaram Finance Ltd., No.21, Patullos Road, Chennai 600 002.

represented by its Authorised Signatory Mr.S.Rajiv Bharathwaj Applicant Vs 1.M/s.LSV Concrete Private Limited Represented by its Managing Director No.188, VVN Blue Metals, Kattudevathur Village, Madurantham Taluk, Kattudevadur, Kanchipuram 603 313.

2.M.Vijayan Raghavan 3.Lingesan Respondents Arbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint a receiver namely Mr.B.Prabhakaran, Senior Assistant General Manager of the Applicant to seize and deliver the Asset 1/4

2 Nos. Schwing Stetter Concrete Pump SP and bearing Identify No.813373500/538 and 813371900/536 available at the respondents' premises or wherever found and permit the receiver Mr.B.Prabhakaran, Senior Assistant General Manager of the Applicant to obtain police aid and to break open the premises.

For Applicant : Mr.M.Arunachalam *****

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 Construction Equipment to the applicant, if required, with police aid.

2. The applicant extended financial facilities to the respondents. Since the respondents committed default, a recall notice dated 05.09.2025 was issued and in spite of receipt of the same, there was no response from respondents. It is under these circumstances, the present petition came to be filed before this Court.

3. When the application came up for hearing on 19.11.2025, this Court issued notice to respondents.

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4. Private notice has been served on the respondents and affidavit of service has also been filed. The names of respondents have also been printed in the cause list. However, the respondents are neither present nor represented through counsel. Hence, the apprehension raised on the side of the applicant that the respondents are trying to secret the Construction Equipment is prima facie established.

5. In view of the above, Mr.B.Prabhakaran, Senior Assistant General Manager, is appointed as the Court receiver and the Court receiver is permitted to seize the Construction Equipment from the respondents 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 NCC:Yes/No gm N.ANAND VENKATESH, J.

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