Ms Cholamandalam Investment and Finance Company Ltd v. Mohd Naseem

O R D E R This application has been filed to appoint Mr.Vipin Singh, currently designated as Branch Receivable Manager of M/s.Cholamandalam Investment and Finance Company Limited having his officeat Chola Crest, C54 & 55, Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai-600032, as Receiver to visit the respondents 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 seizeand take custody of the vehicle hypothecated with applicant being Model – HYUNDAI CRETA 1.5 EX DSL, Chassis No.-MALPA813LMM181177, Engine No.-D4FAMM276817 and bearing Registration No.-UP32MC4586, with all accessories fitted to the asset specifically described in the scheduleto the Judges Summons and hand them over to the applicant pending final adjudication of the disputes between parties through arbitration.

2.During the earlier hearing on 18.06.2026, this Court had passed the following order:- " …..

¶2The learned counsel appearing for the applicant would Page3 of 6 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 10.01.2024. 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.

¶3A perusal of the affidavit of service filed, accompanied by the tracking sheet, would indicate that the notice sent by the applicant had been delivered to the addressee. However, Notice sent through Court is still awaited.

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

¶5In order to protect the interest of the applicant, this Court is of the view that a Party Receiver could be appointed.

¶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 Page4 of 6 this application and in fine, Mr.Vipin Singh is appointed as Party Receiver to seize and take possession of the Vehicle viz., Model – HYUNDAI CRETA 1.5 EX DSL, Chassis No.- MALPA813LMM181177, Engine No.-D4FAMM276817 and bearing Registration No.-UP32MC4586 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 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. Page5 of 6

¶8Issue fresh notice to the respondent returnable in six(6) weeks. Private notice is also permitted.

¶9List the matter after six 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 either in person or through counsel. He was called absent and set exparte.

¶4In view of the above, the order of this Court dated 18.06.2026 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 Ltd., Chola Crest, C54-55 & Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai – 600032. ..Applicant(s) Vs. Mr.Mohd Naseem ..Respondent(s) Prayer : to grant an order appointing as receiver of Mr.Vipin Singh, currently designated as Branch Receivable Manager of M/s.Cholamandalam Investment and Finance Company Limited having his officeat Chola Crest, C54 & 55, Super B-4, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai-600032, to visit the respondents premises, other areas which isoccupied by the Respondent and any other premises of the Respondentalong with Local police protection to break open if necessary, and to seizeand take custody of the vehicle hypothecated with applicant being Model – HYUNDAI CRETA 1.5 EX DSL, Chassis No.- MALPA813LMM181177, Engine No.-D4FAMM276817 and bearing Registration No.-UP32MC4586, with all accessories fitted to the asset specifically described in the scheduleto the Judges Summons and hand them over to the applicant pending finaladjudication of the disputes between parties through arbitration. Page2 of 6 For Applicant(s): For Respondent(s): Mr.T.Gowri Shankar No appearance