Ms Cholamandalam Investment and Finance Company Limited Rep by Its Mr S Sivasubramanian v. Thaneshwar Kumar and Another

O R D E R This application has been filed to appoint Mr.Vinay Soni, Area Receivable Manager of the Applicant as a Receiver to seize the vehicle more particularly described in the schedule to the Judges Summons wherever stationed in the premises of the respondents or wherever it is found and with whomsoever it is found with powers to break open the premises and grant permission to the Receiver to obtain police aid from the concerned Police Officer.

¶2The learned counsel appearing for the applicant would submit that the applicant had provided a loan to the respondents for the purchase of the vehicle Heavy Goods Vehicle (HGV), Model Name - UJ3520 T FBV-22 CUM-BOX, bearing Engine No.PNPZ100576, Chassis No.MB1JJLHD2PPNU8151 and Registration No.CG24T6051 and a Loan Agreement had also been entered by the respondents with the applicant on 16.05.2023. He would contend that there are some unremained installments that are to be made by the respondents and that in spite of repeated demands, the respondents 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.

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¶3In spite of notice having been served on the respondents, the respondents had neither chosen to appear before this Court in person nor are being represented by a counsel. The name of the respondents have been reflected in the cause-list. They were 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.Vinay Soni, Area Receivable Manager, as Party Receiver to seize and take possession of the asset Heavy Goods Vehicle (HGV), Model Name - UJ3520 T FBV-22 CUM-BOX,

bearing

Engine

No.PNPZ100576,

Chassis No.MB1JJLHD2PPNU8151 and Registration No.CG24T6051 from the respondents or any place belonging to the respondents 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 Page4 of 5 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 respondents make good the unpaid installments or make 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. 01-07-2026 Index: Yes/No Speaking/Non-speaking order Maya Page5 of 5

K.KUMARESH BABU, J. Maya Dated : 01-07-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s.Cholamandalam Investment and Finance Company Limited, Represented by its Authorised Signatory Mr.S.Sivasubramanian, No. 2, N.S.C. Bose Road, Parrys, Chennai – 600 001. ..Applicant(s) Vs 1. Thaneshwar Kumar 2. Takeshwari Barle ..Respondent(s) Prayer: To appoint Mr.Vinay Soni, Area Receivable Manager of the Applicant as a Receiver to seize the vehicle more particularly described in the schedule to the Judges Summons wherever stationed in the premises of the respondents or wherever it is found and with whomsoever it is found with powers to break open the premises and grant permission to the Receiver to obtain police aid from the concerned Police Officer. For Petitioner(s): Ms.A.S.Neela Narayani For Respondent(s): No appearance Page2 of 5