Tata Capital Ltd v. G.P.Ramkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb Appln No. 1595 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 Arul Raj 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 Abish DJ , employed as employee currently designated as Legal Manager in the Applicant company having his office at First Floor, Centennil Square Dr.Ambedkar Salai, Kodambakkam, Chennai, Tamil Nadu 600 024 as Receiver to seize and deliver the asset Mahindra XUV300 W8 O DS BS6 MT bearing Engine No.EULZH03872 Chassis No.MAINM2RU1L2H63420, Reg.No.TN42AP1819 situated .No.6 107 C2 Seenivasa Nagar, Allaapuram, UGayanur, Land Mark Dhanashree Rice Mill, Tirupur 641 605, Tamil Nadu..or wherever it is found morefully describted hereunder, with police aid or break open the 1/4

premises from wherever found and handover the same to the applicant 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 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 10.09.2025 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 26.11.2025, this Court issued notice to respondent.

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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 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. Abish DJ, 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.

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