Tata Capital Ltd v. Nazila N
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2026
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Tata Capital Limited, by its Associate Legal Remedial, Abish DJ having its office at 1st Floor, Centennial Square, 6A-Dr.Ambedkar Salai, Kodambakkam, Chennai 600 024 .... Applicant Vs.
Nazila N ... Respondent 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 Mr. Krishna Praasad, employed as employee, currently designated as Legal Manager in the Applicant Company having his office at Ground Floor, Jain Tower II, NH 17, near Lulu Mall, Edappallay, Cochin 682 024 Kerala as Receiver to seize and deliver the asset BMW INDIA PVT LTD XI XDRIVE 20 DM SPORT bearing Engine No.D102Y070 Chassis No.WBAHU170905D74824, Reg.No.KL18 R 5533, situated Heera Cresent Flat No.10B, Chirachira Road, Nanthancode, YMR Junction, Thiruvananthapuram, Kerala 695 003, or wherever it is found more fully described in the judges summons with police aid or break open the premises from wherever found and handover the same to the applicant.
For Applicant : Mr. N.K. Vanan ***** 1/4
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 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 01.09.2025 was issued and in spite of receipt of the same, there was no response from respondent. It is under these circumstances, the present petition came to be filed before this Court.
3. When the application came up for hearing on 03.12.2025 this Court issued notice to respondent.
4. Private notice sent to the respondent has been served on the respondent. Affidavit of Service has also been filed. The name of respondent has also been printed in the cause list. However, the respondent is neither present nor represented through counsel. Hence, the apprehension raised on the side of the applicant that the respondent is trying to secret the vehicle is prima facie established. 2/4
5. In view of the above, Mr. Krishna Praasad, Legal Manager is appointed as the Court receiver and the Court 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. This application stands disposed of in the above terms. 12.01.2026 msr 3/4
N.ANAND VENKATESH, J.
msr 12.01.2026 4/4