Cholamandalam Investment and Finance Co Ltd v. Sarvesh Kumar

O R D E R This application has been filed for an order of appointment of employee of the Applicant viz., Mr. Raj Kamal Singh, Area Receivables Manager, 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 respondents men, agents, servants from respondent premises or wherever found with Police aid and break open of premises. Page2 of 5

¶2During the earlier hearing on 18.06.2026, 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 18.03.2023. 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 'not found'.

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

¶5Upon considering the facts and circumstances of the Page3 of 5 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.Raj Kamal Singh, is appointed as Party Receiver to seize and take possession of the Asset viz., Mahindra Bol Maxx Pik Up City 3000 LX, bearing Engine No.TRP4A76391 and Chassis No.MA1RV2TRKP6A38365 and Registration No.UP83CT8742 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.

¶6If the respondent makes good the unpaid installments or makes substantial payments of the dues to be paid to the Page4 of 5 satisfaction of the applicant, the applicant shall return the asset in the condition it was re-possessed.

¶7Issue fresh notice to the respondent returnable by six(6) weeks. Private notice is also permitted through speed post with acknowledgment due.

¶8List 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 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 Page5 of 5

K.KUMARESH BABU, J. Maya Arb Appln No. 694 of 2026 Dated : 06-08-2026

Page1 of 5 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. Sarvesh Kumar, S/o.Om Prakash ..Respondent For Applicant : For Respondent : Mr.D.Pradeep Kumar No appearance *****