Cholamandalam Investment And Finance Co Ltd v. M/S Vaarti Hospital Multispeciality And Trauma Center Prop Mr Kulbhushan Kanase
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2026
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Arb Appln No. 1561 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 M/s Vaarti Hospital Multi speciality And Trauma Center Prop. Mr.Kulbhushan Kanase No.206-B, Scheme No.134, Indore Madhya Pradesh 452 001 Respondent(s) PRAYER To appoint employee of the Applicant viz Mr. Ravi Malbiya Area Receivables Manager, as Receiver to seize and take possession of the equipment 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, for appointment of a Receiver to seize the equipment in the custody of the respondent or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicant.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
gya 2.When the application came up for hearing on 24.11.2025, this Court, on carefully going through the averments made in the affidavit filed in support of the application, thought it fit to order notice to the respondent to ascertain as to whether the respondent will be willing to settle the dispute. 3.When the matter was taken up for hearing today, affidavit of service has been filed and 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. The whereabouts of the equipment is also not known. Hence, the apprehension of the applicant that the respondent is attempting to secret the equipment is prima facie established. 4.In view of the above, Mr. Ravi Malbiya, Area Receivables Manager, is appointed as Receiver for seizing the equipment from the respondent or wherever it is found and by breaking open the premises, if required, with police aid.
This application is disposed of in the above terms. gya 05.01.2026 Arb Appln No. 1561 of 2025 https://www.mhc.tn.gov.in/judis