IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31-01-2025 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI Arb Appln NO. 264 of 2025 Axis Bank Ltd No. 31, 2nd Floor, South Mada Street, Mylapore, Chennai . Applicant(s) Vs B Rathna Sekar No. 31, 2nd Floor, South Mada Street, Mylapore, ChennaiNo.106 D 4 Veroad Thoothukudimelur, Tuticorin, Tamil Nadu 628 002 India. Respondent(s) For Applicant(s): Mr.M.R.Umavijayan ORDER This application has been filed seeking appointment of a Receiver viz., Mr.Prakash Raju P, Employee Code No.425215 currently designated as Assistant Vice President in the applicant Company, having its office at Axis Bank Limited, Old No.38, New No.165, Arcot Plaza, Arcot Road, United India Colony, Kodambakkam, Chennai – 600 024, as a Receiver to seize, take possession of the seized asset viz., VOLKSWAGEN CAT CVENTO 1/6 https://www.mhc.tn.gov.in/judis HIGHLINE DSL bearing Chassis No.MEXC17609HT124893 fitted with Engine No.NOCWX160709, registered as TN-69-BK-7763, with all accessories fitted to the asset from the respondent or wherever it is found and deliver it to the applicant with police aid and to break open the premises within which the said vehicle is lying. 2. Heard Mr.M.R.Umavijayan, learned counsel for the applicant. 3.The respondent entered into a loan agreement with the applicant Company dated 30.09.2019 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.9,16,716/- was repayable by the respondent to the applicant in 66 monthly installments commencing from 10.10.2019 to 10.01.2022. 4.The learned counsel appearing for the applicant would contend that the respondent was irregular in making the payment of instalments and that in spite of repeated demands, the respondent had failed to regularize the default and had continued not to pay the EMIs. He would further submit that 2/6 https://www.mhc.tn.gov.in/judis Section 21 notice has also been served on the respondent. 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. Accordingly, this application is ordered with the following directions: a) Mr.Prakash Raju P, Employee Code No.425215 currently designated as Assistant Vice President in the applicant Company, having its office at Axis Bank Limited, Old No.38, New No.165, Arcot Plaza, Arcot Road, United India Colony, Kodambakkam, Chennai – 600 024, is appointed as a Party Receiver to repossess the asset viz., VOLKSWAGEN CAT CVENTO HIGHLINE DSL bearing Chassis No.MEXC17609HT124893 fitted with Engine No.NOCWX160709, registered as TN-69-BK-7763, 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 3/6 https://www.mhc.tn.gov.in/judis 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. 6. Notice to the respondent returnable by 17.03.2025. Private Notice is also permitted. 7. Post the matter on 17.03.2025 under the caption 'for reporting compliance'. 31-01-2025 ata 4/6 https://www.mhc.tn.gov.in/judis P.B.BALAJI,J. ata Arb Appln No. 264 of 2025 31.01.2025 5/6 https://www.mhc.tn.gov.in/judis 6/6 https://www.mhc.tn.gov.in/judis