Tata Capital Ltd v. Jasmi I

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.

Jasmi I .... 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, employed as employee currently designated as Legal Manager in the Applicant company having his office Ground Floor, Tower II NH17, Near Lulu Mall, Cochin 682 024., as Receiver to seize and deliver the asset YAMAHA CYGNUS RAY ZR bearing Engine No.E33SE0203026, Chassis No.ME1SEJ2G7N0006443, Reg.No.KL27L3637 situated at Nadayil Kizhakkethil Muthoor PO, Thiruvalla Muthoor Pathanamthitta, Landmark- Muthoor Devi Temple, Pathanamthitta Kerala 689 107.or wherever it is found more fully described hereunder, with police aid or 1/4

break open the premises from wherever found and handover the same to the applicant.

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 11.12.2025, this Court ordered notice to the respondent.

4.

The private notice sent to the respondent has been returned as "Unclaimed" 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, 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.

rka 19.01.2026 4/4