Cholamandalam Investment And Finance Co Ltd v. Binoy T R

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2026

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arbitration Application No.1657 of 2025 M/s.Cholamandalam Investment and Finance Company Limited, 'Chola Crest', C 54 & 55, Super B-4, Thiru Vi ka Industrial Estate, Guindy, Chennai - 600 032.

represented by its Authorised Signatory .... Applicant Vs.

Mr.Binoy TR S/o.Raghavan .... 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 employee of the applicant viz., Mr.Jijin Prasad, Area Legal Manager as receiver to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondent and respondent's men, agents, servants from respondent premises or wherever found with police aid and break open of premises, if necessary. For Applicant : Mr.D.Pradeep Kumar ***** 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 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 applicant and carefully perused the materials available on record. 3.

When the matter came up for hearing on 09.12.2025, 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 respondent is trying to secret the vehicle is prima facie established. 5.

In view of the above, Mr.Jijin Prasad, Area 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 2/4

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.

rka 19.01.2026 4/4