Cholamandalam Investment and Finance Company Ltd. Vs Kunwar Amit Kumar Singh — Madras HC (2026) — LawSathi Research

Cholamandalam Investment and Finance Company Ltd. Vs Kunwar Amit Kumar Singh — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of by appointing Mr.Abhay Singh (Branch Receivable Manager of the applicant) as Party Receiver to seize and take possession of the vehicle Model - Alto K10C VXI+ Petrol (Chassis No.MA3SFM61SRC274956, Engine No.K10CN1255553, Registration No.UP32PP2432) with police assistance and break-open facility, subject to return of the asset if the respondent clears the unpaid installments/dues.

Issue for consideration

Whether the applicant's employee, Mr.Abhay Singh (Branch Receivable Manager), should be appointed as Receiver/Party Receiver to seize and take possession of the hypothecated vehicle pending final adjudication of the disputes between the parties through arbitration.

Court's answer

The Court held that the applicant had made out a prima facie case for appointment of a Party Receiver.

Ratio / Principle

The Court appointed Mr.Abhay Singh (designated Branch Receivable Manager of the applicant) as Party Receiver to seize and take possession of the asset, Model - Alto K10C VXI+ Petrol, bearing Chassis No.MA3SFM61SRC274956, Engine No.K10CN1255553 and Registration No.UP32PP2432, from the respondent or any place belonging to the respondent or wherever found and with whomsoever it is found.

Key takeaways

Police-assistance protocol: if police help is required, the Party Receiver shall request the local Police Station within whose jurisdiction the vehicle is found, and on such request the Station House Officer shall send police personnel along with the Party Receiver; any break-open of a lock shall be done in the presence of police personnel, who will counter-sign the record and re-lock the premises; if the Party Receiver faces difficulty with the jurisdictional Police, he may approach the jurisdictional Superintendent of Police.ratio¶31
If the respondent makes good the unpaid installments or makes substantial payments of the dues to the satisfaction of the applicant, the applicant shall return the asset in the condition it was re-possessed.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (K. Kumaresh Babu, J.) disposed of Arb Appln No. 533 of 2026 on 09-07-2026. M/s.Cholamandalam Investment and Finance Company Limited applied for appointment of its own employee, Mr.Abhay Singh (Branch Receivable Manager), as Party Receiver to seize a vehicle hypothecated with it — Model Alto K10C VXI+ Petrol, Chassis No.MA3SFM61SRC274956, Engine No.K10CN1255553, Registration No.UP32PP2432 — from respondent Kunwaramit Kumar Singh, who had taken a loan under a Loan Agreement dated 09.05.2024 and defaulted on EMIs despite repeated demands. Though served, the respondent did not appear and was set ex parte. Holding that a prima facie case existed for appointment of a Party Receiver, the Court appointed the Party Receiver with power to seize the vehicle wherever found, with local police assistance on request to the Station House Officer, break-open of locks only in the presence of police (who counter-sign the record), and recourse to the jurisdictional Superintendent of Police if needed. The Court further directed that if the respondent makes good the unpaid installments or makes substantial payments of dues to the applicant's satisfaction, the applicant shall return the asset in the condition it was re-possessed.

Arb Appln No. 533 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-07-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU Arb Appln No. 533 of 2026

M/s.Cholamandalam Investment and Finance Company Limited, Chola Crest, C54-55 & Super B – 4, Thiru-vi-ka Industrial Estate, Guindy, Chennai – 600 032.

..Applicant(s)

Vs

Kunwaramit Kumar Singh

..Respondent(s)

Prayer: To grant an order appointing as Receiver of Mr.Abhay Singh currently desginated as Branch Reveivable 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 - Alto K10C VXI+ Petrol, bearing Chassis No.MA3SFM61SRC274956, Engine No.K10CN1255553 and Registration No.UP32PP2432, 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.

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Arb Appln No. 533 of 2026

For Petitioner(s): Mr.R.Ashok Kumar for M/s.San Law Partners LLP For Respondent(s): No appearance

O R D E R

This application has been filed to appoint the employee of the Applicant viz., Mr.Abhay Singh currently desginated as Branch Reveivable Manager, as Receiver to seize and take possession of the vehicle Model - Alto K10C VXI+ Petrol, bearing Chassis No.MA3SFM61SRC274956, Engine No.K10CN1255553 and Registration No.UP32PP2432 which is lying in the custody of respondent or respondent’s men agents, servants from respondent’s premises or wherever found with Police aid and break open of premises, if necessary.

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 Model - Alto K10C VXI+ Petrol, bearing Chassis No.MA3SFM61SRC274956, Engine No.K10CN1255553 and Registration No.UP32PP2432 and a Loan Agreement had also been entered by the respondent with the applicant on 09.05.2024. He would contend that there are 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

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Arb Appln No. 533 of 2026

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. In spite of notice having been served on 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.

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.Abhay Singh currently desginated as Branch Reveivable Manager, as Party Receiver to seize and take possession of the asset Model - Alto K10C VXI+ Petrol, bearing Chassis No.MA3SFM61SRC274956, Engine No.K10CN1255553 and Registration No.UP32PP2432 from the respondent or any place belonging to the

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Arb Appln No. 533 of 2026

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 the jurisdictional Superintendent of Police, who shall provide all necessary assistance to him at the time of seizure of the vehicle.

7. If the respondent makes 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.

09-07-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

Maya

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Arb Appln No. 533 of 2026

K.KUMARESH BABU, J.

Maya

Arb Appln No. 533 of 2026

Dated : 09-07-2026

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