IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31-01-2025 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI Arb Appln NO. 252 of 2025 Equitas Small Finance Bank Limited 4th Floor, Phase-II, Spencer Plaza, 769, Anna Salai, Chennai Applicant(s) Vs Kamlesh Kumar 4th Floor, Phase-II, Spencer Plaza, 769, Anna Salai, ChennaiS/o.Prem Kumar, No.23, 1st Floor, PNK Garden Road, 2nd Street, Mylapore, Chennai Tamilnadu 600 004. Respondent(s) For Applicant(s): Mr.D.Pradeep Kumar ORDER This application has been filed seeking appointment of a Receiver viz., Mr.Jabeer Basha A, Branch Receivable Manager, as Receiver to seize and take possession of the vehicle which is more fully described in the schedule to the Judges Summons which is lying in the custody of the respondent or respondent's men, agents, servants from the respondent's premises or wherever found with police aid and break open of premises, if necessary. 1/5 https://www.mhc.tn.gov.in/judis 2. Heard Mr.D.Pradeep Kumar, learned counsel for the applicant. 3.The respondent entered into a loan agreement with the applicant Company dated 05.10.2023 for purchase of the asset, more fully described in the schedule to the Judges Summons. Under the loan agreement, the total loan amount of Rs.9,19,198.00/- was repayable by the respondent to the applicant in 60 monthly installments commencing from 10.11.2023 to 10.10.2028. 4.The learned counsel for the applicant would fairly bring to my attention that pending the arbitration proceedings, Section 17 application was also moved before the learned Arbitrator and an order was also obtained for repossession of the vehicle. However, according to the learned counsel for the applicant, the said order under Section 17 is not being capable of execution for want of police protection. According to the learned counsel for the applicant, the Arbitrator is also unable to execute for want of police protection and therefore, invoking Section 9(3) of the Arbitration and Conciliation Act, 1996, the learned counsel for the applicant would submit that the present application under Section 9 is maintainable. 2/5 https://www.mhc.tn.gov.in/judis 5.It is also brought to my notice that the respondent has not appeared even before the Arbitrator and he has paid only one installment and thereafter fourteen installments were defaulted continuously and as on 23.01.2025, Rs.11,52,969.00/- is due and payable to the applicant. 6.Considering the above, in order to protect the interest of the application pending arbitration proceedings, I see no impediment for entertaining the present application under Section 9, despite the order obtained by the applicant under Section 17 proceedings before the Arbitrator. This Court has jurisdiction as the parties have agreed upon Chennai as one of the five locations where the arbitration proceedings are to be held. 7. 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. Accordingly, this application is ordered with the following directions: a) Mr.Jabeer Basha A, Branch Receivable Manager of the applicant Company is appointed as a Party Receiver to repossess the asset viz., Mahindra Bolero Camper, bearing Engine No.TTP4J22884 and Chassis 3/5 https://www.mhc.tn.gov.in/judis No.MA1RY2TTKP3J90478 and Registration No.TN-06-AE-4792, which is more fully described in the schedule to the Judges Summons from the respondent or wherever it is available and handover the same to the applicant by way of interim custody. Registry is directed to hand over the order to the learned counsel for the Applicant. b) The Party Receiver is permitted to obtain police aid and break open of the premises in case the seized asset is kept in a locked premises in the presence of the Police, after taking proper inventory; c) 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. d) 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 asset. 8. Notice to the respondent returnable by 18.03.2025. Private Notice is also permitted. 9. Post the matter on 18.03.2025 under the caption 'for reporting compliance'. 31.01.2025 ata P.B.BALAJI,J. ata 4/5 https://www.mhc.tn.gov.in/judis Arb Appln No.252 of 2025 31.01.2025 5/5 https://www.mhc.tn.gov.in/judis