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2026 DAILYLAW 55501 (MAD)

Cholamandalam Investment And Finance Co Ltd v. KAVITHA S

Arb Appln/142/2026 · 2026-07-22

K Kumaresh Babu

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Arb Appln No. 142 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU Arb Appln No. 142 of 2026 M/s.Cholamandalam Investment and Finance Company Limited, Chola Crest, C54-55 & Super B – 4, Thiru-vi-ka Industrial Estate, Guindy, Chennai – 600 032, Represented by its Authorised Signatory. ..Petitioner(s) Vs 1.Kavitha S 2.Sachin S 3.Ajay Renald S ..Respondent(s) Prayer : To appoint employee of the applicant viz., Mr.S.V.Jayprakkash, Area Legal Manager, as Receiver to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondents or their men agents, servants from respondents’ premises or wherever found with Police aid and break open of premises if necessary? For Applicant(s): Mr.D.Pradeep Kumar For Respondent(s): Mr.Yogesh B for Mr.Vinu Prasanna https://www.mhc.tn.gov.in/judis Arb Appln No. 142 of 2026 __________ Page2 of 5 O R D E R This application has been filed to appoint employee of the applicant viz., Mr.S.V.Jayprakkash, Area Legal Manager, as Receiver to seize and take possession of the vehicle, which is morefully described in the schedule to the Judges Summons, which is lying in the custody of respondents or their men agents, servants from respondents’ premises or wherever found with Police aid and break open of premises if necessary. 2. It is reported that settlement talks have failed. Hence, the respondents are directed to hand over the vehicle, which is morefully described in the schedule to the Judges Summons, to the applicant on or before 29.07.2026. 3. The learned counsel for the applicant expressed apprehension that the vehicle would not be handed over to them. 4. It is to be noted that the award had already been passed by the learned Arbitrator. 5. In such view of the matter, the application stands disposed of with the following directions:- https://www.mhc.tn.gov.in/judis Arb Appln No. 142 of 2026 __________ Page3 of 5 (i) If the respondent fails to hand over the vehicle by 29.07.2026, the applicant would be entitled to repossess the vehicle through the Party Receiver. (ii) For the said purpose, Mr.S.V.Jayprakkash, Area Legal Manager, is appointed as Party Receiver to seize and take possession of the asset viz., Maruti Swift, bearing Engine No. K12NP1359595, Chassis No. MBHCZCB3SPAB63873 and Registration No. TN06AD2166 from the respondent or any place belonging to the respondent or wherever found and with whomsoever it is found. (iii) For the said purpose, it is also made clear that if police help is required, the Party Receiver 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 Party Receiver to seize the vehicle. (iv) For the said purpose, 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. If the Party Receiver finds any difficulty with the jurisdictional police, he is at liberty to approach Superintendent of Police, who shall https://www.mhc.tn.gov.in/judis Arb Appln No. 142 of 2026 __________ Page4 of 5 provide all necessary assistance to him at the time of seizure of the vehicle. (v) If the respondent makes good the unpaid installments or makes 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. 22-07-2026 Maya https://www.mhc.tn.gov.in/judis Arb Appln No. 142 of 2026 __________ Page5 of 5 K.KUMARESH BABU, J. Maya Arb Appln No. 142 of 2026 Dated : 22-07-2026 https://www.mhc.tn.gov.in/judis