Arb Appln No. 671 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU Arb Appln No. 671 of 2026 M/s.Cholamandalam Investment and Finance Company Ltd., Chola Crest, C54-55 & Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai – 600032. ..Applicant(s) Vs. Mr.Ajay Kumar Yadav ..Respondent(s) Prayer: Judge’s Summons under Order XIV Rule 8 of O.S. Rules read with Section 9(1)(ii)(c) & (e) of the Arbitration and Conciliation Act, 1996, praying to grant an order appointing as receiver of Mr.Deepak Singh currently designated as Assistant Receivable Manager of M/s.Cholamandalam Investment and Finance Company Limited having his office at Chola Crest, C54 & 55, Super B-4, Thiru-vi-ka Industrial Estate, Guindy, Chennai – 600 032, to visit the respondent’s premises, other areas which is occupied by the respondent and any other premises of the respondent along with Local Police Protection to break open if necessary, and to seize and take custody of the vehicle hypothecated with applicant being Model – LPT 3718 TC 10X2 6255.COWL Chassis No.-MAT541024H1D08439, Engine No.-ISBE591804071D63591154 and bearing Registration No.-UP32HN6489, with all accessories fitted to the asset specifically described in the schedule to the Judge’s Summons and hand them over to the applicant pending final adjudication of the disputes between parties through arbitration. https://www.mhc.tn.gov.in/judis Arb Appln No. 671 of 2026 __________ Page2 of 6 For Applicant(s): For Respondent(s): Mr.T.Gowri Shankar For M/s.SAN Law Partners LLP No appearance O R D E R This application has been filed to grant an order appointing as receiver of Mr.Deepak Singh currently designated as Assistant Receivable Manager of M/s.Cholamandalam Investment and Finance Company Limited having his office at Chola Crest, C54 & 55, Super B-4, Thiru-vi-ka Industrial Estate, Guindy, Chennai – 600 032, to visit the respondent’s premises, other areas which is occupied by the respondent and any other premises of the respondent along with Local Police Protection to break open if necessary, and to seize and take custody of the vehicle hypothecated with applicant being Model – LPT 3718 TC 10X2 6255.COWL Chassis No.-MAT541024H1D08439, Engine No.- ISBE591804071D63591154 and bearing Registration No.-UP32HN6489, with all accessories fitted to the asset specifically described in the schedule to the Judge’s Summons and hand them over to the applicant pending final adjudication of the disputes between parties through arbitration. 2. 2. During the earlier hearing on 18.06.2026, this Court had passed the following order:- https://www.mhc.tn.gov.in/judis Arb Appln No. 671 of 2026 __________ Page3 of 6 “……. 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 aforesaid vehicle and also a Loan Agreement had also been entered by the respondent with the applicant on 27.06.2023. 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. A perusal of the affidavit of service filed, accompanied by the tracking sheet, would indicate that the notice sent by the applicant had been delivered to the addressee. However, Notice sent through Court is still awaited. 4. I have considered the submissions made by the learned counsel for the applicant and also perused the materials placed on record. 5. In order to protect the interest of the applicant, this Court is of the view that a Party Receiver could be appointed. 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.Deepak Singh is appointed as Party Receiver to seize and take possession of the Vehicle viz., Model – LPT 3718 TC 10X2 6255.COWL, Chassis No.- MAT541024H1D08439, Engine No.-ISBE591804071D63591154 and bearing Registration No.-UP32HN6489 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 https://www.mhc.tn.gov.in/judis Arb Appln No. 671 of 2026 __________ Page4 of 6 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. Issue fresh notice to the respondent returnable in six(6) weeks. Private notice is also permitted. 9. List the matter after six weeks.” 3. The Court notice issued had been returned by the processing Court indicating that the process had been executed in spite of service having been attempted, as the respondent was not found and notice was pasted on the door of the house by affixture. The private notice attempted to be served on the respondent had been returned with an endorsement “returned as the addressee refused”, which is evidenced from the affidavit of service filed. The name of the respondent has also been printed in the cause-list. However, there is no appearance either in person or through counsel. He was called absent and set exparte. https://www.mhc.tn.gov.in/judis Arb Appln No. 671 of 2026 __________ Page5 of 6 4. In view of the above, the order of this Court dated 18.06.2026 is made absolute and this application stands disposed. 13-08-2026 kak https://www.mhc.tn.gov.in/judis Arb Appln No. 671 of 2026 __________ Page6 of 6 K.KUMARESH BABU, J. kak Arb Appln No. 671 of 2026 13-08-2026 https://www.mhc.tn.gov.in/judis