IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31-01-2025 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI Arb Appln NO. 259 of 2025 Axis Bank Ltd No. 31, 2nd Floor, South Mada Street, Mylapore, Chennai. Applicant(s) Vs Anisa Taslim Patel No. 31, 2nd Floor, South Mada Street, Mylapore, Chennai5 Gayatri Nagar Nagaon Thane Bhiwandi 421 302 Maharashtra India. and another Respondent(s) For Applicant(s): Mr.M.R.Umavijayan ORDER This application has been filed seeking appointment of receiver viz., Mr.Selvaraj, Employee Code: 388156, currently designated as Deputy Manger in the applicant Company, having its office at No.31, 2nd Floor, South Mada Street, Mylapore, Chennai – 600 004, as a Receiver to seize, take possession of the seized asset being ASHOK LEYLAND CABIN CHASSISAL 1615 HE bearing Chassis No.MB1A3GCD1MRAS7921, 1/5 https://www.mhc.tn.gov.in/judis fitted with Engine No.MAHZ418202 and Registered as MH-04-KU-6267, with all accessories fitted to the asset from the respondent or wherever it found and deliver it to the applicant with the 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 14.02.2022 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.20,25,000/- was repayable by the respondent to the applicant in 59 monthly installments commencing from 10.04.2022 to 24.11.2023. 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 Section 21 notice has also been served on the respondent. He would further 2/5 https://www.mhc.tn.gov.in/judis 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.Selvaraj, Employee Code: 388156, currently designated as Deputy Manger in the applicant Company, having its office at No.31, 2nd Floor, South Mada Street, Mylapore, Chennai – 600 004, is appointed as a Party Receiver to repossess the asset viz., ASHOK LEYLAND CABIN CHASSISAL 1615 HE bearing Chassis No.MB1A3GCD1MRAS7921, fitted with Engine No.MAHZ418202 and Registered as MH-04-KU-6267, 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. 3/5 https://www.mhc.tn.gov.in/judis 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 4/5 https://www.mhc.tn.gov.in/judis P.B.BALAJI,J. ata Arb Appln No. 259 of 2025 31.01.2025 5/5 https://www.mhc.tn.gov.in/judis