Arb.Appln.No.178 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.01.2025 CORAM THE HONOURABLE MR.JUSTICE P.B.BALAJI Arb. Appln. No.178 of 2025 TATA CAPITAL LTD, By its Legal Manage, D.Kalaiarasan, Having its office at 1st Floor, Centennial Square, 6A - Dr Ambedkar Salai, Kodambakkam, Chennai - 600 02 ... Applicant vs. Mr.Santhavani. R. ... Respondent PRAYER: This Arbitration Application filed under ORDER XIV RULE 8 OF O.S. RULES READ WITH SEC 9 (1) (ii) (c) & (e) OF ARBITRATION ACT 1996, the Applicant prays to appoint employee of the Applicant viz., Mr Kamala Kannan, Employee Code 702883 currently designated as Assistant Manager in the Applicant company having his office First Floor, Centennial Square, Dr Ambedkar Salai, Kodambakkam, Chennai, Tamil Nadu – 600 024 as Receiver to seize and deliver the asset HYUNDAI VENUE bearing Engine No.D4FALM097563, Chassis No.MALFC81DLLM146502, Reg. No. TN41AX1726, situated at No.20, 2, Karthik Avenue, Us Shanmugam Sundaram Street, Near Iskon Krishna Temple, Gandhi Nagar PO 1/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.178 of 2025 Udumalpet Landmark - Karthi Avenue U, Coimbatore, Tamil Nadu – 642 154 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. For Applicant : Mr.N.K.Vanan ********** ORDER This application has been filed to appoint employee of the Applicant viz., Mr Kamala Kannan, Employee Code 702883 currently designated as Assistant Manager in the Applicant company having his office First Floor, Centennial Square, Dr Ambedkar Salai, Kodambakkam, Chennai, Tamil Nadu – 600 024 as Receiver to seize and deliver the asset HYUNDAI VENUE bearing Engine No.D4FALM097563, Chassis No.MALFC81DLLM146502, Reg. No. TN41AX1726, situated at No.20, 2, Karthik Avenue, Us Shanmugam Sundaram Street, Near Iskon Krishna Temple, Gandhi Nagar PO Udumalpet Landmark - Karthi Avenue U, Coimbatore, Tamil Nadu – 642 154 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. 2/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.178 of 2025 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 asset viz., HYUNDAI VENUE bearing Engine No.D4FALM097563, Chassis No.MALFC81DLLM146502, Reg. No. TN41AX1726, and a Loan Agreement had also been entered by the respondent with the applicant on 21.12.2022. 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. 4. As seen from the statement of accounts, which are supported by the averments contained in the affidavit filed in support of the application, the respondents are irregular in making monthly payments and award also obtained by the applicant in A.C.P.(TATA) No.991 of 2024 dated 19.09.2024. The applicant has expressed its difficulty to repossess the asset on its own. He would further submit that considering the value of the amount to be recovered from the respondents, the applicant had sought for an appointment of a Party Receiver which would minimize the expenditure to the applicant and the respondents 3/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.178 of 2025 would also be benefited. 5. Despite the award, the respondents failed to discharge the amount and utilising the asset without discharging his financial obligations. 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.Kamala Kannan, Employee Code 702883 currently designated as Assistant Manager, is appointed as Receiver to seize and take possession of the asset viz., HYUNDAI VENUE bearing Engine No.D4FALM097563, Chassis No.MALFC81DLLM146502, Reg. No. TN41AX1726, with all accessories fitted to the asset 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 asset is found and on such request being made, 4/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.178 of 2025 the Station House Officer shall send the Police Personnel along with the Party Receiver to seize the asset. (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 asset. 7. Notice to the respondent returnable by 17.03.2025. Private Notice is also permitted. 8. Post the matter on 17.03.2025 for filing report of the Party Receiver. 28.01.2025 rkp Index : Yes / No Internet : Yes / No P.B.BALAJI, J., rkp 5/6 https://www.mhc.tn.gov.in/judis Arb.Appln.No.178 of 2025 Arb. Appln. No.178 of 2025 28.01.2025 6/6 https://www.mhc.tn.gov.in/judis