Cholamandalam Investment and Finance Co Ltd v. Devaki C

O R D E R This application has been filed to appoint an Advocate Commissioner to seize and deliver the vehicle to applicant which is more fully 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 Page2 of 7 with Police aid and break open of premises if necessary.

¶2During the earlier hearing on 03.06.2026, this Court had passed the following order:- " ….

¶2The learned counsel appearing for the applicant would submit that the applicant provided a loan to the respondent for the purchase of the asset vehicle and also a Loan Agreement had also been entered by the respondent with the applicant on

28.11.2023. The brief details in nutshell are as follows: S.No. Particulars Remarks Name of the Lender M/s.Cholamandalam Investment

and

Finance Company Limited Name of the Borrower Mrs.Devaki C. Date of the Loan Agreement

28.11.2023 Loan amount Rs.7,99,072/- No. of installments 59 Instalments @ Rs.18,108/- First installment

28.12.2023 Last installment

28.10.2028 Notice

12.09.2025 Reply to the Notice Nil Rate of interest

12.28% Amount claimed Rs.10,68,372/- Arbitration proceedings initiated Arbitration not yet invoked Page3 of 7

¶3The learned counsel for the applicant further submits that the respondent, having availed the loan, failed to repay the same. He would submit that the hypothecated vehicle is a movable asset and if it is kept in idle condition, it would get damaged and its value also gets deteriorated and hence he would urge this Court to appoint an Advocate Commissioner to reposses the asset morefully described in the schedule to the Judges summons available at the respondent's premises, in order to make the security effective and the money in dispute in arbitration is fully secured by way of sale of the vehicle in public auction after following due process of law.

¶4Upon considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant, this Court is satisfied that the applicant has made out a case in its favour but is not inclined to appoint a Party-Receiver. Accordingly, Ms.E.Bhuvaneshwari, Advocate, having office at No.10, 3rd Street Kadumpadi Amman Koil, Chinnadimadam, Kodungaiyur, Chennai – 600 118 (Mobile No:9360830683) is appointed as the Advocate Commissioner to seize the vehicle Maruti DZIRE VXI, bearing Engine No.K12NN1030660, Chassis No:.MA3CZFB3SPL844526, Registration No.TN30CV9765 to the Page4 of 7 custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and hand over the same to the custody of the applicant. She shall be paid her initial remuneration of Rs.30,000/- (Rupees Thirty Thousand Only) in advance. The expenses towards her travel and stay shall be defrayed by the applicant. The said initial remuneration shall be paid to the Advocate Commissioner within a period of two weeks from the date of receipt of communication from her.

¶5It is hereby made clear that if police help is required, the Advocate Commissioner 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 Advocate Commissioner to seize the vehicle. If break open of a lock is required the Advocate Commissioner 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 Advocate Commissioner find any difficulty with the jurisdictional police, she is at liberty to approach Superintendent of Police, who shall provide all necessary assistance to the Advocate Commissioner at the time of seizure of the vehicle. After the seizure, the vehicle is to be handed over to the applicant or to their representative, after Page5 of 7 taking inventories.

¶6If the respondent makes good the unpaid instllments 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. It is made clear that the asset shall be maintained in good condition and be only dealt with subject to the award to be passed by the Arbitrator.

¶7Notice to the respondent returnable in six weeks. Private notice is also permitted.

¶8List the case after six weeks."

¶3Even though the Court notice is awaited. Private notice has been served on the respondent and affidavit of service has also been filed enclosing the acknowledgment card, which evidence service of notice on the respondent. The name of the respondent has also been printed in the cause list. However, there is no appearance either in person or through counsel. She was called absent and set exparte.

¶4Time for execution of the Warrant is extended until further orders. Page6 of 7

¶5In view of the aforesaid submission, the order passed by this Court on

03.06.2026 is made absolute.

¶6With the above terms, this application stands disposed of. 23-07-2026 Index: Yes/No Speaking/Non-speaking order Maya Page7 of 7

K.KUMARESH BABU, J. Maya Dated : 23-07-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 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, Represented by its Authorised Signatory. ..Applicant(s) Vs Devaki C ..Respondent(s) Prayer: To appoint an Advocate Commissioner 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 Petitioner(s): Mr.D.Pradeep Kumar For Respondent(s): No appearance