Tata Capital Ltd v. Nihil Lal Kannancheri

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arbitration Application No.1645 of 2025 Tata Capital Limited Rep by its Associate Legal Remedial R.Kamalakkannan, Having its office at 1st Floor, Centennial Square, 6A - Dr.Ambedkar Salai, Kodambakkam, Chennai 600 024 .... Applicant Vs.

Nikhil Lal Kannancheri Nalamkandathil House, Karippoor Pallikkalkumminiparamba, Landmark - Madheena Junction Tirurangadi malapuram - 673 638 Kerala .... Respondent Arbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9 (1) (ii) (a) (b) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint Mr.Krishna Prasad, Legal Manager having his office at Ground Floor, Tower II NH17, Near Lulu Mall, cochin - 682 024 as receiver to seize and deliver the asset category Auto Manufacture Maruthi Suzuki India Limited asset Model Swift Bearing Engine No.D13A0689159 Chassis No.MA3FHEB1S00D06839EH Reg No.Kl67A6327 situated at Nalam Kandathil House Karippoor Pallikkalkumminiparamba Landmard 1/4

Madheena junction Tirurangadi Malapuram Kerala Pincode - 673 638, India Tamil Nadu.

For Applicant : Mr.N.K.Vannan *****

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 from the respondent to the applicant, if necessary, with police protection and by breaking open the premises.

2.

Heard Mr.N.K.Vannan, learned counsel for applicant and carefully perused the materials available on record. 3.

When the matter came up for hearing on 04.12.2025, this Court ordered notice to the respondent.

4.

The private notice sent to the respondent has been served and the affidavit of service has also been filed. There is no representation for the respondent either in person or through counsel. Hence, the apprehension raised on the side of the applicant that the 2/4

respondent is trying to secret the vehicle is prima facie established. 5.

In view of the above, Mr.Krishna Prasad, 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.

5. This application stands disposed of in the above terms. 19.01.2026 rka 3/4

N.ANAND VENKATESH, J.

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