Sundaram Finance Ltd v. C5 Engineering Pvt Ltd

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s. Sundaram Finance Ltd., No.21, Patullos Road, Chennai – 600 002. Represented by its Authorised Signatory Mr. Thothathri R ..Applicant(s) in all the applications Vs

1.C5 Engineering Pvt. Ltd. Rep. By its Director-Mr.Chennadi Sushant Plot No.270/A, Fourth Floor Padmaja Towers, Road No.12, MLA Colony Banjara Hills, Hyderabad-500 034.

2.Mr.Chennadi Sushant

3.Chennadi Veena ..Respondent(s) in all the applicantions Common Prayer Arbitration Applications under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(d) & (e) of the Arbitration and Conciliation Act, 1996 praying to appoint Mr.ASNVS Anil Kumar, Senior Branch Manager of the applicant as a Receiver to seize and deliver the assets viz., Page2 of 7 No.DC131557416349, Chassis No.MYKG8X4N0P5711310 in Arb.Appln.No.417 of 2026:- No.DC131557416347, Chassis No.MYKG8X4N0P5711309 available at the respondent's premises or wherever found and permit the receiver to obtain police aid and to break open the premises. For Applicant(s): Mr.M.Arunachalam (in all applns.) For Respondent(s): No appearance (in all applns.) C O M M O N O R D E R These applications have been filed to appoint to appoint Mr.ASNVS Anil Kumar, Senior Branch Manager of the applicant as a Receiver to seize and deliver the assets viz., No.DC131557416349, Chassis No.MYKG8X4N0P5711310 in Arb.Appln.No.417 of 2026:- Page3 of 7 No.DC131557416347, Chassis No.MYKG8X4N0P5711309 available at the respondents' premises or wherever found and permit the receiver to obtain police aid and to break open the premises.

¶2The learned counsel appearing for the applicant would submit that the applicant had provided a loan to the respondents for the purchase of the assets viz., No.DC131557416349, Chassis No.MYKG8X4N0P5711310 in Arb.Appln.No.417 of 2026:- No.DC131557416347, Chassis No.MYKG8X4N0P5711309 Page4 of 7 and also Loan Agreements had also been entered by the respondents with the applicant on 10.04.2023 and 16.02.2024. He would contend that there is some unremained installments that are to be made by the respondents and that in spite of repeated demands, the respondents 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.

¶3In spite of notice having been served on the respondents, on

07.04.2026, a counsel, viz., Ms.S.Preethi, had undertaken to enter an appearance. However, no vakalat had been filed on behalf of the respondents as on today(08.07.2026), as reflected in the cause-list. The respondent had neither chosen to appear before this Court in person nor are being represented by a counsel. They were 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. Page5 of 7

¶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 arbitration proceedings had come to an end pursuant to the MoU dated 04.10.2025.

¶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 these applications and in fine, Mr.ASNVS Anil Kumar, Senior Branch Manager of the applicant as a Receiver to seize and deliver the assets viz., No.DC131557416349, Chassis No.MYKG8X4N0P5711310 in Arb.Appln.No.417 of 2026:- No.DC131557416347, Chassis No.MYKG8X4N0P5711309 from the respondents or any place belonging to the respondents or wherever found and with whomsoever they are found. It is also made clear that if police Page6 of 7 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 Superintendent of Police, who shall provide all necessary assistance to him at the time of seizure of the vehicle.

¶7If the respondents make good the unpaid installments or make substantial payments of the dues to be paid to the satisfaction of the applicant, the applicant shall return the assets in the condition they were re-possessed.

¶8With the above terms, these applications stand disposed of. 08-07-2026 Index: Yes/No Speaking/Non-speaking order Maya Page7 of 7

K.KUMARESH BABU, J. Maya Dated : 08-07-2026