Tata Capital Ltd v. Mohazinthaj Erayassan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-01-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb Appln No. 1587 of 2025 Tata Capital Ltd by its Associate Legal Remedial R. Kamalakkannan, Having its Office at 1st Floor, Centennial Square, 6A , Dr Ambedkar Salai, Kodambakkam , Applicant Vs Mohazinthaj Erayassan Respondent PRAYER Application filed Under Or.XIV, Rule 8 of O.S.Rules, r/w.Sec.9(II)(b), (d) & (E) of Arbitration Act, 1996 seeking to pass an order appointing 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 MAruti Suzuki Swift Dzire VDI ABS bearing Engine No.D13A2666019 Chassis No.MA3FJEB1S00811534H, Reg.No.KL54G6182 situated Erayassan House, Othukkungalm Malapuram 676 528 Kerala or wherever it is found morefully describted hereunder, with police aid or break open the premises from wherever found and handover the same to the applicant 1/4
For Applicant : Mr. N.K. Vanan For Respondent :
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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 Excavator Vehicle to the applicant, if required, with police aid.
2. The applicant extended financial facilities to the respondent. Since the respondent committed default, a recall notice dated 16.11.2024 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 17.09.2024, this Court issued notice to respondent.
4. Private notice has been served on the respondent and affidavit of service has also been filed. The name of respondent has also been printed 2/4
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.
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. 05.01.2026 msr 3/4
N.ANAND VENKATESH, J.
msr Arb Appln No. 1587 of 2025 05.01.2026 4/4