Tata Capital Ltd v. Rijesh P

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Arb Appln No. 1618 of 2025

1. 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 Rijesh P 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 to pass an order Appointing Krishna Prasad employed as employee currently designated as Associate Legal Manager in the Applicant company having his office at Ground Floor, Jain Tower II, NH 17, Near Lulu Mall, Edappally, Cochin 682 024, Kerala, as Receiver to seize and deliver the asset TATA NEXON XZA 1.5 RTQ BS4 bearing Engine No.1.5 CRA1L01DPYW10646 Chassis No.MAT627165KLD17290 Reg.No.KL51L0990 situated House No.CC 33 501 Chathamkulam Lane, Near - BTS Road, Elamakkara, Ernakulam 682 024 Kerala. or wherever it is found morefully describted hereunder, with police aid or break open the premises from wherever found and 1/4

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 above stated Motor Car 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 07.08.2025 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 28.11.2025, 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 Prasad, Associate 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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