Cholamandalam Investment And Finance Co Ltd v. Sulaikha Tk

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Applicant(s) Vs Sulaikha TK W/o.Abdulla Kunhi K, Dharul Aman, Athinhal, Manikoth Ajanur, Srambi, Masjid, Hosdurg, Kerala 671 316.

Respondent(s) PRAYER To appoint employee of the Applicant viz MS.ANUPAMA BALAKRISHNAN, LEGAL Manager, as Receiver to seize and take possession of the Equipment which is more fully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondents men, agents, servants from respondent premises or wherever found with Police aid and break open pf premises if necessary. For Applicant(s):

Mr.D.Pradeep Kumar For Respondent(s): -

ORDER

This petition filed under Section 9 of the Arbitration and

Conciliation Act, 1996 for appointment of receiver for taking possession of the vehicle from the respondent and to hand over the same to the applicant.

2. When the matter was taken up for hearing on 28.11.2025, notice was ordered to the respondent. Notice was also served and a learned counsel undertook to file vakalat for the respondent.

3. When the matter was taken up for hearing on 20.01.2026, the learned counsel for the respondent informed this Court that the vakalat has been returned by the Registry by pointing out certain defects and sought for some time to re-present the vakalat. Considering the same, the application was posted under the caption for orders today.

4. Heard the learned counsel for the applicant and carefully perused the materials available on record.

5. It is brought to the notice of this Court that pursuant to the filing of the above application, trigger notice under Section 21 of Act was issued on 12.06.2025.

6. The specific case of the applicant is that the respondent is due and payable a sum of Rs.2,56,091.52/- as on 11.11.2025. For this purpose,

the applicant wanted to re-possess the vehicle as security. The respondent inspite of being served with the notice and also seeking some time to settle the matter with the applicant, did not come forward to settle the matter and the learned counsel for the respondent also did not appear at the time of hearing.

7. Considering the above, this court is inclined to appoint Ms.Anupama Balakrishnan, Legal Manager 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.

8.

This Application is disposed of in the above terms. No costs. 03-02-2026 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Sulaikha TK W/o.Abdulla Kunhi K, Dharul Aman, Athinhal, Manikoth Ajanur, Srambi, Masjid, Hosdurg, Kerala 671 316.

N.ANAND VENKATESH J.

rka 03-02-2026