Tata Capital Ltd v. Manoj Kumar Parakh

O R D E R This application has been filed to appoint Mr.Karan Shekhawat, Employee Code : 911701, employed as employee at the applicant company as Receiver to seize and deliver the asset/vehicle viz., BALENO DELTA PETROL bearing Engine No. K12MN7622233, Reg. No. RJ27CK1039, Chassis No. MA3EWB22SMC701904 situated at G403, Azad Nagar Bhilwara, Landmark-Gautam Ashram Mandir, Bhilwara, Rajasthan – 311 001 or wherever it is found more fully described hereunder, with police aide or break open the premises from wherever found and handover the same to the applicant.

¶2The learned counsel appearing for the applicant would submit that the applicant had provided a loan to the respondent for the purchase of the asset/vehicle viz., BALENO DELTA PETROL bearing Engine No. K12MN7622233,

Reg.

No.

RJ27CK1039,

Chassis

No. MA3EWB22SMC701904 and also a Loan Agreement had also been entered by the respondent with the applicant on 09.11.2023. 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. Page3 of 5

¶3In spite of notice had been returned with an endorsement as 'refused', which amounts to effective service 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.

¶4I have considered the submissions made by the learned counsel for the applicant and also perused the materials placed on record.

¶5This Court is of the view that the applicant has made out a prima facie case for appointment of a Party Receiver and also finds that the award had been passed.

¶6Upon 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.Karan Shekhawat, Employee Code : 911701, is appointed as Party Receiver to seize and take possession of the asset/vehicle viz., BALENO DELTA PETROL bearing Engine No. K12MN7622233, Reg. No. RJ27CK1039, Chassis No. MA3EWB22SMC701904 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 Page4 of 5 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 Superintendent of Police, who shall provide all necessary assistance to him at the time of seizure of the vehicle.

¶7If 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.

¶8With the above terms, this application stands disposed of. 30-07-2026 Index: Yes/No Speaking/Non-speaking order Maya Page5 of 5

K.KUMARESH BABU, J. Maya Dated : 30-07-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU Tata Capital Limited By its Manager & Legal Remedial Ram Kumar Sathyamoorthy Having its office at 1st Floor, Centennial Square 6A-Dr.Ambedkar Salai Kodambakkam, Chennai-600024. ..Petitioner(s) Vs Manoy Kumar Parakh ..Respondent(s) Prayer To pass an order appointing Mr.Karan Shekhawat, Employee Code : 911701, employed as employee at the applicant company as Receiver to seize and deliver the asset/vehicle viz., BALENO DELTA PETROL bearing Engine No. K12MN7622233, Reg. No. RJ27CK1039, Chassis No. MA3EWB22SMC701904 situated at G403, Azad Nagar Bhilwara, Landmark- Gautam Ashram Mandir, Bhilwara, Rajasthan – 311 001 or wherever it is found more fully described hereunder, with police aide or break open the premises from wherever found and handover the same to the applicant. For Petitioner(s): Mr.N.K.Vanan For Respondent(s): No appearance Page2 of 5