Tata Capital Ltd. v. Mohd Ibrahim Khan
Case brief
What is this about?
Interim/arbitration application before the Madras High Court (Arb Appln No. 210 of 2026, decided 11-06-2026, K. Kumaresh Babu, J.). Financier (Tata Capital Ltd, represented by N.K.Vanan) sought and obtained appointment of a party receiver (Raju K Bhajantri) to seize a XCMG XE210i excavator (Engine No.4295456751, Chassis No.XUGB210BLRKA01610) from defaulting borrower Mohd Ibrahim Khan (set ex parte) following non-payment of EMIs under a 14.06.2024 Loan Agreement. Themes: party receiver appointment; seizure/repossession of financed asset with police aid (SHO, break-open countersigning, SP escalation); prima facie case; conditional restitution of asset on payment of dues; asset preserved subject to arbitrator's award.
What did the court decide?
Application allowed; Mr.Raju K Bhajantri appointed Party Receiver to seize and take possession of the XCMG XE210i excavator with police-aid provisions, conditional restitution of the asset if dues are made good, and the asset to be dealt with subject to the arbitrator's award.