Disposed¶27

Tata Capital Ltd. v. Senthilkumar G

Madras HC12 Jan 2026Arb Appln/1640/2025

Case brief

AI extract

What is this about?

Section 9 Arbitration and Conciliation Act 1996 interim measure; appointment of Court receiver; seizure of financed vehicle (Volkswagen, Reg. No. TN55BH1837); borrower default; recall notice dated 07.10.2024; respondent absent and unrepresented; prima facie apprehension of vehicle being secreted; breaking open premises; police assistance; Madras High Court; N. Anand Venkatesh J.; Arbitration Application No.1640 of 2025; decided 12.01.2026.

What did the court decide?

Appointment of Mr. Abish DJ, Legal Manager, as 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. ¶27

Tata Capital Ltd. Vs Senthilkumar G — Arbitration | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, under Section 9 of the Arbitration and Conciliation Act, 1996, a receiver should be appointed to seize and deliver the vehicle to the applicant, with police aid if required. +1 more

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Court's answer

Mr. Abish DJ, Legal Manager, is appointed as the Court receiver.

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Ratio / Principle

The apprehension raised by the applicant that the respondent is trying to secrete the vehicle is prima facie established, the respondent being absent and unrepresented despite service of private notice, filing of affidavit of service and printing of his name in the cause list.

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Key takeaways

The Court receiver is permitted to seize the vehicle from the respondents or wherever it is found, by breaking open the premises if required, with police assistance.ratio¶26

Detailed headnote1 paragraphs

Arbitration Application No.1640 of 2025 — High Court of Judicature at Madras (N. Anand Venkatesh J., 12.01.2026): Interim measure under Section 9 of the Arbitration and Conciliation Act, 1996 read with Order XIV Rule 8 of the Original Side Rules. Tata Capital Limited, which had extended financial facilities to respondent Senthil Kumar G and issued an unanswered recall notice dated 07.10.2024 upon his default, sought appointment of a receiver to seize and deliver the financed vehicle (Volkswagen Ameo Trendline, Reg. No. TN55BH1837). Though private notice was served, affidavit of service filed and the respondent's name printed in the cause list, he appeared neither in person nor through counsel; the Court held the apprehension that the respondent was trying to secrete the vehicle prima facie established and appointed Mr. Abish DJ, Legal Manager of the applicant company, as Court receiver, permitting him to seize the vehicle from the respondent or wherever found, breaking open premises if required, with police assistance. Application disposed of accordingly.

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Arbitration Application No.1640 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.01.2026

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Arbitration Application No.1640 of 2025

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Tata Capital Limited, by its Associate Legal Remedial, R. Kamalakannan, having its office at 1^st Floor, Centennial Square, 6A-Dr.Ambedkar Salai, Kodambakkam, Chennai 600 024

.... Applicant Vs.

Senthil Kumar G

Respondent

Arbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint a receiver namely Abish DJ, employed as employee currently designated as Legal Manager in the Applicant company having his office at First Floor, Centennial Square, Dr. Ambedkar Salai, Kodambakkam, Chennai, Tamil Nadu 600 024 as Receiver to seize and deliver the asset Model VOLKSWAGEN AMEOTRENDLINE PETROL bearing Engine No.CHYM26114 Chassis No.MEZK19603LT059037, Reg. No.TN55BH1837, situated at 33 1 Thiyagarajan, Chettiyar Street, Sekkalai 2^nd Street, Karaikudi, Sivaganga, Tamilnadu 630 001, 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. 1/4

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

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Arbitration Application No.1640 of 2025

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For Applicant : Mr. N.K. Vanan

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*****

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ORDER

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This application has been filed under Section 9 of the Arbitration

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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.

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The applicant extended financial facilities to the respondents. Since the respondents committed default, a recall notice dated 07.10.2024 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.

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When the application came up for hearing on 03.12.2025 this Court issued notice to respondents.

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Private notice has been served on the respondent and affidavit of service has also been filed. The names 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 2/4

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

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Arbitration Application No.1640 of 2025

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of the applicant that the respondent is trying to secret the Vehicle is prima facie established.

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In view of the above, Mr. Abish DJ, Legal Manager is appointed

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

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This application stands disposed of in the above terms.

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12.01.2026

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msr

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N.ANAND VENKATESH, J.

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msr

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