Tata Capital Ltd. Vs hari baskar — Arbitration | Madras HC (2026)

Tata Capital Ltd. Vs hari baskar — Arbitration | Madras HC (2026)

What the court decided

AI extract

Outcome

Appointment of Mr. R. Kamalakkannan (Associate Legal Remedial of the applicant) as Court receiver, permitted to seize the vehicle DATSUN REDI-GO S1.0 (Engine no. B4DA404/E179382, Chassis No. MDHFBACD0K5405064, Reg. No. TN45BR4741) from the respondent or wherever it is found, breaking open premises if required, with police assistance, and hand it over to the applicant; application disposed of in those terms.

Issue for consideration

Whether, in a Section 9 application by the financier, a receiver should be appointed to seize and deliver the financed vehicle (DATSUN REDI-GO S1.0, Reg. No. TN45BR4741) to the applicant with police aid, breaking open premises if required.

Court's answer

The respondent, though served (private notice served, affidavit of service filed, name printed in cause list), neither appeared nor was represented through counsel; accordingly the applicant's apprehension that the respondent is trying to secret the vehicle is prima facie established.

Ratio / Principle

Mr. R. Kamalakkannan, Associate Legal Remedial of the applicant, is appointed as Court receiver and is permitted to seize the vehicle from the respondent or wherever it is found, by breaking open the premises if required, with police assistance.

Detailed headnote1 paragraphs

Arbitration and Conciliation Act, 1996 — Section 9 — interim relief — appointment of receiver — seizure of financed vehicle. Tata Capital Ltd., a financier, extended financial facilities to the respondent, who committed default; a recall notice dated 07.08.2025 went unanswered. The applicant filed Arb. Appln. No. 1596 of 2025 under Order XIV Rule 8 of the Original Side Rules read with Section 9(II)(b), (d) & (e) of the Arbitration Act, 1996 seeking appointment of R. Kamalakkannan, Associate Legal Remedial of the applicant, as receiver to seize the DATSUN REDI-GO S1.0 (Reg. No. TN45BR4741) with police aid. Notice was issued on 26.11.2025; private notice was served, affidavit of service filed and the respondent's name printed in the cause list, yet the respondent neither appeared nor was represented. Held, the apprehension that the respondent was attempting to secret the vehicle was prima facie established; R. Kamalakkannan was appointed Court receiver, permitted to seize the vehicle from the respondent or wherever found, breaking open premises if required, with police assistance. Application disposed of accordingly. (N. Anand Venkatesh, J.; 05.01.2026)

Arbitration Application No.1596 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

Arb Appln No. 1596 of 2025

Tata Capital Ltd by its Associate Legal Remedial R. Kamalakkannan, Having its Office at 1^st Floor, Centennial Square, 6A , Dr Ambedkar Salai, Kodambakkam ,

Applicant

Vs

Hari Baskar

Respondent

PRAYER

Application filed Under Or.XIV, Rule 8 of O.S.Rules, r/w.Sec.9(II)(b), (d) & (e) of Arbitration Act, 1996 seeking to pass an order appointing R.Kamalakkannan, employed as employee currently designated as Associate Legal remedial in the Applicant company having his office at First Floor, Centennil Square Dr.Ambedkar Salai, Kodambakkam, Chennai, Tamil Nadu 600 024 as Receiver to seize and deliver the asset DATSUN REDI-GO S1.0 bearing Engine no.B4DA404/E179382 Chassis NO.MDHFBACD0K5405064, reg.No.TN45BR4741 , situated 55 19 2A Pon Vizha Nagar New Reddy Street, Mel Maruvathur Temple, Beema Nagar, Land Mark Near Court, Trichy 620 001, Tamil Nadu..or wherever it is found morefully describted hereunder, with police aid or break open the premises from wherever found and handover the same to the applicant

1/4

https://www.mhc.tn.gov.in/judis

Arbitration Application No.1596 of 2025

For Applicant : Mr. N.K. Vanan For Respondent : *****

ORDER

This application has been filed under Section 9 of the Arbitration

and Conciliation Act, 1996 [for brevity 'the Act'] for appointment of a receiver to seize and deliver the Vehicle to the applicant, if required, with police aid.

The applicant extended financial facilities to the respondent. Since the respondent committed default, a recall notice dated 07.08.2025 was issued and in spite of receipt of the same, there was no response from respondent. It is under these circumstances, the present petition came to be filed before this Court.

When the application came up for hearing on 26.11.2025, this Court issued notice to respondent.

Private notice has been served on the respondent and affidavit of

2/4

https://www.mhc.tn.gov.in/judis

Arbitration Application No.1596 of 2025

service has also been filed. The name of respondent has also been printed in the cause list. However, the respondent is neither present nor represented through counsel. Hence, the apprehension raised on the side of the applicant that the respondent is trying to secret the vehicle is prima facie established.

In view of the above, Mr. R.Kamalakkannan, Associate Legal

remedial is appointed as the Court receiver and the Court receiver is permitted to seize the vehicle from the respondent or wherever it is found and by breaking open the premises, if required with police assistance.

This application stands disposed of in the above terms.

05.01.2026

msr

3/4

https://www.mhc.tn.gov.in/judis

Arbitration Application No.1596 of 2025

N.ANAND VENKATESH, J.

msr

Arb Appln No. 1596 of 2025

05.01.2026

4/4

https://www.mhc.tn.gov.in/judis