Arb Appln No. 430 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. 430 of 2026 M/s.Kotak Mahindra Bank Limited Rep. by its Authorized Signatory Mr. D.Arjun, Having Regional Office at No. 141, TVH Agnitio Park, 8th Floor, Old Mahaballipuram Road, Kandanchavadi, Chennai-600 096. ..Applicant(s) Vs Selvarasu P ..Respondent(s) Prayer: To pass an order Appointing Mr.Jayaprakash M, Employee ID : KMBL355198 currently employed in the Applicant Company as Receiver to seize and deliver the vehicle/Machine viz., ASHOK LEYLAND LIMITED- CB_AL 2516 COWL CHASSIS TANKER SS, Chassis No. MB1CMDWC2ARB0065, bearing Engine No.XUH609390 and Reg. No. TN23AJ3315 to the custody of the applicant, available at the respondent premises or wherever found and with whomsoever it is found and permit the receiver to obtain police aid and to break open the premises. For Applicant(s): For Respondent(s): Ms.Meera Gnanasekar No appearance **** O R D E R This application has been filed to appoint employee of the Applicant viz., Mr.Jayaprakash M, Employee ID : KMBL355198 as Receiver to seize and https://www.mhc.tn.gov.in/judis Arb Appln No. 430 of 2026 __________ Page2 of 5 deliver the vehicle/Machine viz., ASHOK LEYLAND LIMITED-CB_AL 2516 COWL CHASSIS TANKER SS, Chassis No. MB1CMDWC2ARB0065, bearing Engine No.XUH609390 and Reg. No. TN23AJ3315 to the custody of the applicant, available at the respondent premises or wherever found and with whomsoever it is found and permit the receiver to obtain police aid and to break open the premises. 2. The learned counsel appearing for the applicant would submit that the applicant had provided a loan to the respondent for the purchase of the vehicle/ machine viz., ASHOK LEYLAND LIMITED-CB_AL 2516 COWL CHASSIS TANKER SS, bearing Engine No.XUH609390, Chassis No. MB1CMDWC2ARB0065, Reg. No. TN23AJ3315 and also a Loan Agreement had also been entered by the respondent with the applicant on 31.10.2022. He would contend that there is some unremained installments that are to be made by the respondent and that in spite of repeated demands, the respondent had failed to regularize the default and had continued to not pay the EMIs. He would further submit that considering the facts of the case, the applicant had sought for an appointment of a party receiver which would be more effective. 3. Despite the notice being served on the respondent, the vakalat filed on his behalf by counsel, M/s.M.Prakash, P.Dhanabalraj and V.Pandiselvi, was returned. However, as on today(22.07.2026), no vakalat has been represented or https://www.mhc.tn.gov.in/judis Arb Appln No. 430 of 2026 __________ Page3 of 5 filed on behalf of the respondent, as reflected in the cause-list. The respondent had neither chosen to appear before this Court in person nor is being represented by a counsel. He was called absent and set ex parte. 4. I have considered the submissions made by the learned counsel for the applicant and also perused the materials placed on record. 5. This Court is of the view that the applicant has made out a prima facie case for appointment of a Party Receiver. 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 with the prayer sought for in this application and in fine, Mr.Jayaprakash M, Employee ID : KMBL355198, is appointed as Party Receiver to seize and take possession of the vehicle viz., ASHOK LEYLAND LIMITED-CB_AL 2516 COWL CHASSIS TANKER SS, bearing Engine No.XUH609390, Chassis No. MB1CMDWC2ARB0065, Reg. No. TN23AJ3315 from the respondent or any place belonging to the respondent or wherever found and with whomsoever it is found. 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 https://www.mhc.tn.gov.in/judis Arb Appln No. 430 of 2026 __________ Page4 of 5 with the Party Receiver to seize the vehicle. 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 provide all necessary assistance to him at the time of seizure of the vehicle. 7. If the respondent make 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. 8. With the above terms, this application stands disposed of. 22-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Maya https://www.mhc.tn.gov.in/judis Arb Appln No. 430 of 2026 __________ Page5 of 5 K.KUMARESH BABU, J. Maya Arb Appln No. 430 of 2026 Dated : 22-07-2026 https://www.mhc.tn.gov.in/judis