Arb Appln No. 362 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU Arb Appln No. 362 of 2026 Tata Capital Limited, By its Manager & Legal Remedial, Ram Kumar Sathyamoorthy, Having its office at 1st Floor, Centennial Square, 6A – Dr. Ambedkar Salai, Kodambakkam, Chennai – 600024. ..Applicant(s) Vs Chethan M S ..Respondent(s) Prayer: To pass an order Appointing Mr.Srikantha H V, Employee Code :715126 currently employed in the Applicant Company as Receiver to seize and deliver the vehicle viz., JCB INDIA LTD - CEQ JCB 215 FM QM EXCAVATOR, bearing Engine No.84580580, Chassis No. PUNJD21AAS3480584 situated at 18, Minikeredoddi Village Hotteganahosahalli Chakkere Channapattana Ramanagar Karnataka Pincode - 562160 or wherever it is found more fully described hereunder, with police aid or break open the premises from wherever found and handover the same to the applicant. For Applicant(s): For Respondent(s): Mr.N.K.Vanan No appearance **** https://www.mhc.tn.gov.in/judis Arb Appln No. 362 of 2026 __________ Page2 of 5 O R D E R This application has been filed to appoint employee of the Applicant viz., Mr.Srikantha H V, Employee Code :715126 currently employed in the Applicant Company as Receiver to seize and deliver the vehicle viz., JCB INDIA LTD - CEQ JCB 215 FM QM EXCAVATOR, bearing Engine No.84580580, Chassis No. PUNJD21AAS3480584 situated at 18, Minikeredoddi Village Hotteganahosahalli Chakkere Channapattana Ramanagar Karnataka Pincode - 562160 or wherever it is found more fully described hereunder, with police aid 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 vehicle viz., JCB INDIA LTD - CEQ JCB 215 FM QM EXCAVATOR, bearing Engine No.84580580, Chassis No. PUNJD21AAS3480584 and also a Loan Agreement had also been entered by the respondent with the applicant on 04.03.2025. 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. https://www.mhc.tn.gov.in/judis Arb Appln No. 362 of 2026 __________ Page3 of 5 3. The Court notice that was attempted to be served on the respondent had been returned by the processing Court without any endorsement whatsoever as to whether the notice was served on the respondent or not. However, the affidavit of Service filed by the applicant enclosing the acknowledgment card, indicating that the said private notice had been served upon the respondent. 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. 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. It is to be noted that the award had been passed. 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.Srikantha H V, Employee Code :715126, is appointed as Party Receiver to seize and take possession of the vehicle viz., JCB INDIA LTD - CEQ JCB 215 FM QM EXCAVATOR, bearing Engine No.84580580, Chassis No. https://www.mhc.tn.gov.in/judis Arb Appln No. 362 of 2026 __________ Page4 of 5 PUNJD21AAS3480584 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 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. 30-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Maya https://www.mhc.tn.gov.in/judis Arb Appln No. 362 of 2026 __________ Page5 of 5 K.KUMARESH BABU, J. Maya Arb Appln No. 362 of 2026 Dated : 30-07-2026 https://www.mhc.tn.gov.in/judis