Cholamandalam Investment and Finance Co Ltd v. Sudheer S

O R D E R This application has been filed for an order of appointment of employee of the Applicant viz., Ms.Priya V S, Executive Legal & Recovery, as Receiver Page2 of 6 to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondent's men, agents, servants from respondent premises or wherever found with Police aid and break open of premises.

¶2During the earlier hearing on 17.06.2026, this Court had passed the following order:- " …..

¶2The learned counsel appearing for the applicant would submit that the applicant had provided a loan to the respondent for the purchase of the aforesaid vehicle and also a Loan Agreement had also been entered by the respondent with the applicant on 22.01.2024. He would contend that there is some remaining 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.

¶3The affidavit of service had been filed indicating that the notice sent by the applicant had been returned as 'Address cannot be located'. Page3 of 6

¶4It is to be noted that the personal details as given by the respondent in the application to the applicant also only discloses the address as given by the applicant in the application.

¶5This Court is of the view that the applicant has made out a prima facie case for appointment of a Party Receiver. It is to be noted that the arbitration proceedings had been initiated and it is pending before the learned Arbitrator.

¶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, Ms.Priya V S, is appointed as Party Receiver to seize and take possession of the Asset viz., Ashok Leyland Dost LS, bearing Engine No. YLH037143P, Chassis No.MB1AA22E8LRYH1416 and Reg.No.KL04AQ7543 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 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 Page4 of 6 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 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.

¶8Issue fresh notice to the respondent returnable by six weeks. Private notice is also permitted through speed post with acknowledgment due.

¶9List this case after six(6) weeks."

¶3In spite of the fact that the Court notice had been served on the respondent and the name of the respondent had been printed in the cause-list, there was no appearance on behalf of the respondent either in person or through counsel. He was called absent and set exparte. Page5 of 6

¶4In view of the above, the order of this Court dated 17.06.2026 is made absolute and this application stands disposed. 06-08-2026 Maya Page6 of 6

K.KUMARESH BABU, J. Maya Dated : 06-08-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 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, Represented by its Authorised Signatory. ..Applicant Vs. Mr.Sudheer S. S/o.Subair ...Respondent Prayer : To appoint employee of the Applicant viz., Ms.Priya V S, Executive Legal & Recovery, as Receiver to seize and take possession of the vehicle which is morefully described in the schedule to the Judges Summons which is lying in the custody of respondent or respondent's men, agents, servants from respondent premises or wherever found with Police aid and break open of premises if necessary. For Applicant : Mr.D.Pradeep Kumar For Respondent : No appearance *****