Tata Capital Housing Finance Ltd v. Mr Thanigaimani Sambasivam

ORDER After recording that the first and second respondents remained unrepresented in spite of service of notice, an order of interim injunction was granted until 30.04.2026. The first and second respondents remained unrepresented even as on date.

¶2In order dated 02.04.2026, it was recorded as under: "4. On perusal of the facility agreement, it is clear that it provides for dispute resolution by arbitration. The applicant has filed the statement of accounts in respect of the two loan accounts and the foreclosure statements. It is evident that the total claim in respect of home loan account ending in no.193279 is about Rs.55,70,853/- as on 14.01.2026. In respect of loan account ending in no.197501, the amount outstanding is about Rs.1,66,191/- as on 14.01.2026.

¶5Considering the above facts and circumstances, a strong prima facie case is made out. Unless the first and second respondents are restrained from alienating, encumbering or otherwise dealing with these assets, it is likely that irreparable hardship would be caused to the applicant pending arbitration. Therefore, an order of interim injunction as prayed for in this application is granted until 30.04.2026. The applicant is permitted to communicate this order to the first and second respondents." Page3 of 4

¶3For reasons set out in the above paragraphs and in view of the first and second respondents continuing to remain unrepresented, this application is disposed of by making the order of interim injunction absolute until conclusion of the arbitral proceedings.

¶4It is stated that the applicant has issued a notice under Section 21 of the Arbitration and Conciliation Act, 1996. The applicant shall take further steps to constitute the arbitral tribunal. 30-04-2026 KAL Page4 of 4

SENTHILKUMAR RAMAMOORTHY, J. KAL To

¶1Mr Thanigaimani Sambasivam S/o.Sambasivam

¶2Archana Ramanasekhar VILLA 1009 CASA grand elan semmancheri thazhambur siruseri tambaram 600130

¶3The Sub Registrar Thiruporur 29 South Mada Street Thiruporur Chengalpattu 603 110 30-04-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-04-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY TATA Capital Housing Finance Ltd having its registered office at national housing bank NHB 11th floor tower A peninsula business park ganpatrao kadam marg lower parel mumbai 400 013 ..Applicant(s) Vs 1. Mr Thanigaimani Sambasivam S/o.Sambasivam 2. Archana Ramanasekhar VILLA 1009 CASA grand elan semmancheri thazhambur siruseri tambaram 600130 3. The Sub Registrar Thiruporur 29 South Mada Street Thiruporur Chengalpattu 603 110 ..Respondent(s) PRAYER: Judges summons under Order XIV Rule 8 O.S.rules read with section 9(2)(b) and (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of interim injunction restraining the respondent, or their men, agents or anybody action on his authority to transfer, alienate, encumber or sell the property more fully described in the schedule hereunder. For Applicant(s): M/s.V.Balasubramani For Respondent(s): Mr.R.Siddharth, AGP for R3 Page2 of 4