Arb.Appln.No.881 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.12.2024 CORAM THE HONOURABLE MR.JUSTICE P.B.BALAJI Arb. Appln. No.881 of 2024 TATA CAPITAL LTD, By its Legal Manager, D.Kalaiarasan, Having its office at lst Floor, Centennial Square, 6A - Dr Ambedkar Salai, Kodambakkam , Chennai - 600 024 ... Petitioner vs. JINO THOMAS MATHEW, Thekkekarote Kappimala, Vijayagiri Post, Vellad Kannur, Kerala – 670 571 ... Respondent PRAYER: This Arbitration Application filed under ORDER XIV RULE 8 OF O.S. RULES READ WITH SEC 9 (II) (b), (d) & (e) OF ARBITRATION ACT 1996, for appointing Mr.Athin Roy, Employee Code 394242 currently designated as Legal Officer in the Applicant company having his office 1st Floor, Puthuran Plaza, KPCC Junction, M G Road, Cochin, Kerala, 682 011 as Receiver to seize and deliver the asset JCB 3DX bearing Engine No H00392254, Chassis No HAR3DXINC03346775, registered as KL59Z8850, situated at Thekkekarote Kappimala Vijayagiri Po, Vellad Kannur, Kerala – 670 571 or wherever it is found more fully described hereunder, with police aid or 1/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.881 of 2024 break open the premises from wherever found and handover the same to the applicant. For Petitioner : Mr.N.K.Vanan ********** ORDER This application has been filed seeking appointment of Receiver viz., Mr.Athin Roy, Employee Code 394242 currently designated as Legal Officer in the Applicant company having his office 1st Floor, Puthuran Plaza, KPCC Junction, M G Road, Cochin, Kerala, 682 011 as Receiver to seize and deliver the asset JCB 3DX bearing Engine No H00392254, Chassis No HAR3DXINC03346775, registered as KL59Z8850, situated at Thekkekarote Kappimala Vijayagiri Po, Vellad Kannur, Kerala – 670 571 or wherever it is found more fully described hereunder, with police aid or break open the premises from wherever found and handover the same to the applicant. 2. Heard Mr.N.K.Vanan, learned counsel for the Applicant. 3. The learned counsel appearing for the applicant would submit that the applicant had provided a loan to the respondent for purchase of the aforesaid vehicle and a Loan Agreement had also been entered by the 2/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.881 of 2024 respondent with the applicant on 30.09.2023. He would contend that the respondent was irregular in making the payment of instalments and that inspite of repeated demand, the respondent had failed to regularize the default and had continued not to pay the EMIs. There is an Arbitration Clause available in the loan agreement, which is the subject matter of dispute. The applicant has expressed its willingness to go for Arbitration in accordance with the Arbitration Clause. The Applicant has also issued notice under Section 21 of the Arbitration and Conciliation Act, 1996 on 14.10.2024 and no reply has been received from the respondent. 4. He would further submit that considering the value of the amount to be recovered from the respondent, the applicant had sought for an appointment of a Party Receiver which would minimize the expenditure to the applicant and the respondent would also be benefited. 5. Upon considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant, this Court is satisfied with the prayer sought for in this Application. 6. Accordingly, this Application is ordered with the following directions: (i) Mr.Athin Roy, Employee Code 394242 currently designated 3/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.881 of 2024 as Legal Officer in the Applicant company having his office 1st Floor, Puthuran Plaza, KPCC Junction, M G Road, Cochin, Kerala, 682 011, is appointed as Receiver to seize and take possession of the vehicle viz., JCB 3DX bearing Engine No H00392254, Chassis No HAR3DXINC03346775, registered as KL59Z8850, with all accessories fitted to the vehicle from the respondent, or any place belonging to the respondent, or wherever found and with whomsoever it is found. Registry is directed to hand over the order to the learned counsel for the Applicant. (ii) It is also made clear that if any police help is required, the Party Receiver shall make a request to the local police station within whose jurisdiction the vehicle is found and on such request being made, the Station House Officer shall send the Police Personnel along with the Party Receiver to seize the vehicle. (iii) If break open of a lock is required the Party Receiver shall do so in the presence of the police personnel who will counter sign the record evidencing the break open of the lock and to re-lock the premises. (iv) If the Party Receiver finds any difficulty with the jurisdictional police, he is at liberty to approach Superintendent of Police, who shall provide all necessary assistance to him at the time of seizure of the said vehicle. 4/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.881 of 2024 7. Notice to the respondent returnable by 21.01.2025. Private Notice is also permitted. 8. Post the matter on 21.01.2025 for filing report of the Party Receiver. 17.12.2024 rkp Index : Yes / No Internet : Yes / No 5/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.881 of 2024 P.B.BALAJI, J., rkp Arb. Appln. No.881 of 2024 17.12.2024 6/6 https://www.mhc.tn.gov.in/judis