Ms Indusind Bank Limited v. Vijayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH M/s.IndusInd Bank Limited, represented by its Assistant Vice President, A.Ganesh Kumar, Consumer Finance Division, No 34, GN Chetty Road, T Nagar, Chennai - 600 017.

..Petitioner Vs Vijayakumar ..Respondent Arbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9 (1) (2) (ii) (a) (b) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointment of M.Jagadesan, Branch Manager - Assistant Vice President, EMP ID IBLR05886 employee of the Applicant as a receiver to seize and deliver the vehicle/machine JCB India Ltd., JCB 81 bearing Machine No.327541 Vehicle Engine No.4H.2188/2420054 and Chassis No.PUNJD81AKR3273541 to the custody of the applicant, available at the respondent premises or wherever found and with whomsoever it is found and permit the receiver to obtain police aid and to break open the premises.

For Petitioner :

Ms.Meera Gnanasekar *****

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 to the applicant, if required, with police aid.

2. The applicant extended financial facilities to the respondent. Since the respondent committed default, a demand notice dated 24.09.2025 was issued and in spite of receipt of the same, there was no response from respondent. It is under these circumstances, the present petition came to be filed before this Court.

3. When the application came up for hearing on 16.12.2025, this Court issued notice to respondent.

4. Private notice has been served on the respondent and affidavit of service has also been filed. The name of respondent has also been printed in the cause list. However, the respondent is neither present nor represented 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.M.Jagadesan, Branch ManagerAssistant Vice President, 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. This application stands disposed of in the above terms. 16-02-2026 Index: Yes/No Speaking/Non-speaking order gm

N.ANAND VENKATESH, J.

gm 16-02-2026