Arb Appln No. 281 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU Arb Appln No. 281 of 2026 M/s. Cholamandalam Investment & Finance Company Limited, Rep. by its authorised Signatory Mr. S.Sivasubramanian, No. 2, N.S.C. Bose Road, Parrys, Chennai – 600 001. ..Applicant Vs 1. Ajithkumar R 2. Jeeva R ..Respondents Prayer: To pass an order of appointment of Mr.Saravanan, Branch Business manager of the Applicant as a Receiver to seize the vehicle more particularly described in the schedule to the Judges Summon wherever stationed in the premises of the respondents or wherever it is found and with whomsoever it is found with powers to break open the premises and grant permission to the receiver to obtain police aid from the concerned Police Officer. For Applicant : Ms.A.S.Neela Narayani ORDER This application has been filed for an order of appointment of a Receiver to seize and deliver the vehicle Seltos G1.4 7DCT GTX Plus, bearing Engine No.G4LDND187747, Chassis No.MZBET811VPN470493 and Registration No.TN 22 DY 4339 available at respondents’ premises or wherever found and https://www.mhc.tn.gov.in/judis Arb Appln No. 281 of 2026 __________ Page2 of 6 permit the Advocate Commissioner to obtain police aid and to break open the premises. 2. The learned counsel appearing for the applicant would submit that the applicant provided a loan to the respondents for the purchase of the asset vehicle and also a Loan Agreement had also been entered by the respondents with the applicant on 27.01.2023. The brief details in nutshell are as follows: S.No. Particulars Remarks 1 Name of the Lender M/s. Cholamandalam Investment & Finance Company Limited 2 Name of the Borrower Ajithkumar R 3 Name of the Co-borrower Jeeva R 4 Date of the Loan Agreement 27.01.2023 5 Loan amount Rs.17,96,456/- 6 No. of installments 84 7 First installment 28.02.2023 8 Last installment 28.01.2030 9 Notice 17.03.2025 10 Reply to the Notice Nil 11 Rate of interest 11.25% p.a. 12 Amount claimed Rs.8,37,000/- as on 22.08.2025 3. The learned counsel for the applicant further submits that the respondents, having availed the loan, failed to repay the same. He would submit that the hypothecated vehicle is a movable asset and if it is kept in idle condition, it would get damaged and its value also gets deteriorated and hence https://www.mhc.tn.gov.in/judis Arb Appln No. 281 of 2026 __________ Page3 of 6 he would urge this Court to appoint an Advocate Commissioner to re-possess the asset morefully described in the schedule to the Judges summons available at the respondents' premises, in order to make the security effective and the money in dispute in arbitration is fully secured by way of sale of the vehicle in public auction after following due process of law. 4. In spite of notice having been served on the respondents, the respondents had neither chosen to appear before this Court in person nor is being represented by a counsel. The name of the respondents have been reflected in the cause-list. They were called absent and set ex parte. 5. I have considered the submissions made by the learned counsel for the applicant and also perused the materials placed on record. 6. Upon considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant, this Court is satisfied that the applicant has made out a prima facie case in its favour but is not inclined to appoint a Party-Receiver. Accordingly, Ms.R.Vaishali, Advocate, having her office at No.51, Law Chamber, High Court Buildings, Chennai-600104, (Mob. No.8608-976460) is appointed as the Advocate Commissioner to seize the vehicle Seltos G1.4 7DCT GTX Plus, bearing Engine No.G4LDND187747, Chassis No.MZBET811VPN470493 and https://www.mhc.tn.gov.in/judis Arb Appln No. 281 of 2026 __________ Page4 of 6 Registration No.TN 22 DY 4339 to the custody of the applicant, available at the respondents’ premises or wherever found and with whomsoever it is found and hand over the same to the custody of the applicant. She shall be paid her initial remuneration of Rs.30,000/- (Rupees Thirty Thousand Only) in advance. The expenses towards her travel and stay shall be defrayed by the applicant. The said initial remuneration shall be paid to the Advocate Commissioner within a period of two weeks from the date of receipt of communication from her. 7. It is hereby made clear that if police help is required, the Advocate Commissioner 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 Advocate Commissioner to seize the vehicle. If break open of a lock is required, the Advocate Commissioner 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. If the Advocate Commissioner find any difficulty with the jurisdictional police, she is at liberty to approach Superintendent of Police, who shall provide all necessary assistance to the Advocate Commissioner at the time of seizure of the vehicle. After the seizure, the vehicle is to be handed over to the applicant or to their representative, after taking inventories. https://www.mhc.tn.gov.in/judis Arb Appln No. 281 of 2026 __________ Page5 of 6 8. If the respondents make good the unpaid installments or make substantial payments of the dues to be paid to the satisfaction of the applicant, the applicant shall return the asset in the condition it was re-possessed. It is made clear that the asset shall be maintained in good condition and be only dealt with subject to the award to be passed by the Arbitrator. 9. With the above terms, this application stands disposed of. 25-06-2026 Maya Copy to Ms.R.Vaishali, Advocate, having her office at No.51, Law Chamber, High Court Buildings, Chennai-600104. (Mob. No.8608-976460) https://www.mhc.tn.gov.in/judis Arb Appln No. 281 of 2026 __________ Page6 of 6 K.KUMARESH BABU, J. Maya Arb Appln No. 281 of 2026 25-06-2026 https://www.mhc.tn.gov.in/judis