Arb Appln No. 244 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU Arb Appln No. 244 of 2026 M/s.Tata Capital Limited By its Associate Legal Remedial Ram Kumar Sathyamoorthy Having its office at 1st Floor, Centennial Square 6A-Dr.Ambedkar Salai Kodambakkam, Chennai-600 024. ..Applicant(s) Vs Sopisharmat T ..Respondent(s) Prayer : To pass an order appointing Mr.Raju K Bhajantri, Employee Code : 866037, employed in the Applicant company as Receiver to seize and deliver the asset/vehicle viz., the Asset TATA HITACHI CONSTRUCTION MACHINERY COMPANY PVT LTD - CEQ TATA ZX220 GI N RB PIPE KIT bearing Engine No. ISUZU6BG1412900 Chassis No. THEDCRL0C00003352 situated at No.711, Zanda Katti Oni Kembhavi Shorapur Yadgir, Landmark – Kembhavi, Yadgir, Karnataka, Pincode – 585216 or wherever it is found more fully described hereunder, with police aide or break open the premises from wherever found and handover the same to the applicant. For Applicant(s): Mr.N.K.Vanan For Respondent(s): No appearance **** https://www.mhc.tn.gov.in/judis Arb Appln No. 244 of 2026 __________ Page2 of 6 O R D E R This application has been filed for appointing a Receiver Mr.Raju K Bhajantri, Employee Code : 866037, employed in the Applicant company as Receiver to seize and deliver the asset/vehicle viz., the Asset TATA HITACHI CONSTRUCTION MACHINERY COMPANY PVT LTD - CEQ TATA ZX220 GI N RB PIPE KIT bearing Engine No. ISUZU6BG1412900 Chassis No. THEDCRL0C00003352 situated at No.711, Zanda Katti Oni Kembhavi Shorapur Yadgir, Landmark – Kembhavi, Yadgir, Karnataka, Pincode – 585216 or wherever it is found more fully described hereunder, with police aide or break open the premises from wherever found and handover the same to the applicant. 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 asset/vehicle viz., the Asset TATA HITACHI CONSTRUCTION MACHINERY COMPANY PVT LTD - CEQ TATA ZX220 GI N RB PIPE KIT bearing Engine No. ISUZU6BG1412900 Chassis No. THEDCRL0C00003352 and also a Loan Agreement had also been entered by the respondent with the applicant on 26.12.2024. 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 https://www.mhc.tn.gov.in/judis Arb Appln No. 244 of 2026 __________ Page3 of 6 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. I have considered the submissions made by the learned counsel for the applicant and also perused the materials placed on record. 4. The Court notice that was attempted to be served on the respondent had been returned with an indication that the same could not be served for want of time. However, the affidavit of Service has been filed enclosing the returned cover with an endorsement as unclaimed but intimation delivered to the respondent. In spite of which, the respondent had neither chosen to appear before this Court in person nor is being represented by a counsel. The name of the respondent has been reflected in the cause-list. He was called absent and set ex parte. 5. This Court is of the view that the applicant has made out a prima facie case for appointment of a Party Receiver. It is to be noted that the award had already been passed. 6. Upon considering the facts and circumstances of the case, the submissions made by the learned counsel for the applicant and in order to https://www.mhc.tn.gov.in/judis Arb Appln No. 244 of 2026 __________ Page4 of 6 protect the interest of the applicant, this Court is satisfied that the applicant has made out a case in its favour and in fine, Mr.Raju K Bhajantri, Employee Code : 866037, is appointed as Party Receiver to seize and take possession of the asset/vehicle viz., the Asset TATA HITACHI CONSTRUCTION MACHINERY COMPANY PVT LTD - CEQ TATA ZX220 GI N RB PIPE KIT bearing Engine No. ISUZU6BG1412900 Chassis No. THEDCRL0C00003352 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 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 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. https://www.mhc.tn.gov.in/judis Arb Appln No. 244 of 2026 __________ Page5 of 6 8. With the above terms, this application stands disposed of. 29-07-2026 Maya https://www.mhc.tn.gov.in/judis Arb Appln No. 244 of 2026 __________ Page6 of 6 K.KUMARESH BABU, J. Maya Arb Appln No. 244 of 2026 Dated : 29-07-2026 https://www.mhc.tn.gov.in/judis