Cholamandalam Investment And Finance Co Ltd v. Muhammed Shifan P

Arb Appln No. 1559 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Arb Appln No. 1559 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 Muhammed Shifan P Respondent(s) PRAYER To appoint employee of the Applicant viz Mr. Pranav VK 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 or respondents men, agents servants from respondent premises wherever found with Police aid and break open of premises if necessary. For Applicant(s):

Mr.D.Pradeep Kumar

ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (in short "the Act").

2.When the matter came up for hearing on 24.11.2025, 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. https://www.mhc.tn.gov.in/judis

Arb Appln No. 1559 of 2025 N. ANAND VENKATESH, J.

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3. It is seen that an award has already been passed on 25.08.2025 directing the respondent to pay a sum of Rs.7,44,666/-. 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.Pranav VK, 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.

7. List this application on 15.12.2025."

3.It is seen that the private notice sent to the respondent has been duly served. Though the respondent has been served, there is no appearance either in person or through counsel.

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 24.11.2025 is made absolute and this application is disposed of in the above terms.

gya 05.01.2026 Arb Appln No. 1559 of 2025 https://www.mhc.tn.gov.in/judis