Tata Capital Ltd v. G.Devaraj

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.

G. Devaraj ... 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 a receiver namely Mr.Abish DJ employee currently designated as Legal Manager in the Applicant company having his office at First Floor, Centennial Square, Dr. Ambedkar Salai, Kodambakkam, Chennai, Tamil Nadu 600 024 as Receiver to seize and deliver the asset MARUTHI SWIFT ZXI bearing Engine No.K12NP4186490, Chassis No.MBHCZCBSPAB52231, Reg. No. TN1BT2981 situated at No.136/B, Aani Street, Chinmaya Nagar, Stage 2, Virugambakkam, Chennai 600 092, Tamil Nadu, 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 23.10.2025 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 returned as 'addressee left without instructions' . Affidavit of Service has also been filed. Since notice sent to known address has been returned, service on the respondent is deemed sufficient. 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 2/4

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. 12.01.2026 msr 3/4

N.ANAND VENKATESH, J.

msr 12.01.2026 4/4