Tata Capital Ltd v. Yathish Kumar K S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 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.

Yathish Kumar KS .... 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 Renu V.M. designated as Manager - Legal having office at No.82/1, 2nd Floor, Krishna Tower, Richmond Road, Bangalore - 560 025 Karnataka, as receiver to seize and deliver the asset Rapid Ambition (81 KW, TDI CR) bearing Engine No.CWX207086 Chassis No.TMBBVENA9kG014126 Reg No.KA02MP5669 situated at Ward No.1 BM Rode Bidanagere, Near Govt Primary School, Kunigal Tumkur - 572 130 Karnataka, or wherever it is found morefully described in the judges summons with police aid or break open the premises from wherever found and hand over the same to the applicant.

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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 08.12.2025, this Court ordered notice to the respondent.

4.

The private notice sent to the respondent has been returned with an endorsement "addressee left without instructions" 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 respondent is trying to secret the vehicle is prima facie established. 2/4

5.

In view of the above, M/s.V.M.Renu, Manager - Legal, 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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