Cholamandalam Investment And Finance Co Ltd v. Siddharth Baburao More

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Cholamandalam Investment and Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai Applicants(s) Vs Mr.Siddharth Baburao More Respondent(s) PRAYER Arbitration Application under Order XIV Rule 8 of OS Rules r/w.Section 9(1) (ii) (a) (b) (d) & (e) of the Arbitration and Conciliation Act, 1996 praying to appoint employee of the Applicant viz Mr.Rahul Vilas Chavan, Area receivables Manager, as Receiver to seize and take possession of the vehicle 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 of premises if necessary.

For Applicants(s):

Mr.D.Pradeep Kumar

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ORDER

This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (in short "the Act"). 2.

When the application came up for hearing on 09.12.2025, this Court passed the following 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.D.Pradeep Kumar, learned counsel for the applicant and carefully perused the materials available on record.

3. It is seen from records that an award has already been passed by the sole Arbitrator on 25.07.2025 and the respondent has been directed to pay a sum of Rs.4,08,062/-. Since this amount is not forthcoming and the award has not been put to challenge and there is apprehension that the respondent will secrete the vehicle, the present application has been filed.

4. A prima facie case has been made out.

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5. Accordingly, Mr.Rahul Vilas Chavan, Area receivables Manager is appointed as 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.

6. Notice to the respondent returnable by 20.01.2026. Private notice is also permitted.

List this application on 20.01.2026.

3.It is seen that the private notice sent to the respondent has been returned with an endorsement "Ack. Card - Served". Despite service, the respondent has not entered appearance either in person or through counsel. 4.In view of the above, it is quite clear that the respondent is trying to evade the notice and the apprehension on the part of the applicant that the respondent is trying to secret the vehicle is prima facie proved. Hence, the order passed on 09.12.2025 is made absolute and this application is disposed of in the above terms.

27-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/4 N.ANAND VENKATESH J.

ssr 27-01-2026