Cholamandalam Investment and Finance Company Ltd v. Kunwar Amit Kumar Singh

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.

¶2The 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 Page3 of 5 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 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.

¶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.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 Page4 of 5 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.

¶7If 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.

¶8With the above terms, this application stands disposed of. 09-07-2026 Index: Yes/No Speaking/Non-speaking order Maya Page5 of 5

K.KUMARESH BABU, J. Maya Dated : 09-07-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU 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. Page2 of 5 For Petitioner(s): Mr.R.Ashok Kumar for M/s.San Law Partners LLP For Respondent(s): No appearance