Ms Indusind Bank Limited v. S Muralidharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.02.2026 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arbitration Application Nos.1648 and 1721 of 2025 M/s.Indus Ind Bank Limited Rep. By its Assistant Vice President A Ganesh Kumar Consumer Finance Division, No.34, GN Chetty Road, T Nagar, Chennai 600 017 .... Applicant in both the Applications Vs. Mugilan Enterprises Rep. By its Proprietor Mr.Mugilan Nagaraja Kandigai Village, Periya Obulapura, Gummidipoondi Tiruvallur, Tamil nadu 601 201 .... Respondent in Arb Appln No.1648 of 2025 S.Muralidharan S/o.Subramani No.577, Nagaraja Kandigai Village, Periya Obulapura, Gummidipoondi Tiruvallur, Tamil nadu 601 201 .... Respondent in Arb Appln No.1721 of 2025

Arb A No.1648 of 2025: Arbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9 (1) (2) (ii) (a) (b) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointment of Lazar Arun, ECN - R09542, Chief Manager, Employee of the Applicant as a receiver to seize and deliver the vehicle/machine AIRLIFTERS RENTAL BOOM LIFT - JLG, JLG 860 SJ 0300184691 USED JLG BOOM LIFT YOM 2014 bearing machine Serial No.300184691 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the receiver to obtain police aid and to break open the premises. Arb A No.1721 of 2025 Arbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9 (1) (2) (ii) (a) (b) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of appointment of Christoher, Employee ID 1BlR12394, Chief Manager, employee of the Applicant as a receiver to seize and deliver the vehicle/machine TATA HITACHI Hydraulic Excavator Model EX200 Super Plus Infra, bearing Engine No.32D95419411and Chassis No.SP2035186 to the custody of the Applicant, available at the Respondent premises or wherever found and with whomsoever it is found and permit the receiver to obtain Police aid and to break open the premises. For Applicant : M/s.Meera Gnanasekar in both the applications For Respondent : No appearance ***** COMMON ORDER These applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996, [for brevity 'the Act'] for appointment of a receiver to seize and deliver the vehicle from the respondent to the applicant, if necessary, with police protection and by breaking open the premises.

¶2Heard M/s.Meera Gnanasekar, learned counsel for applicant and carefully perused the materials available on record.

¶3It is seen from records that notice was issued to the respondent and served. The matter was listed for hearing on 16.02.2026. The learned counsel for the respondent undertook to file vakalat and an undertaking affidavit before this Court. However, till date, no vakalat and undertaking affidavit have been filed.

¶4In view of the above, considering the submissions made by the learned counsel for the applicant and the materials available on record and also considering the fact that a prima facie case has been made out, this Court is inclined to appoint Mr. Lazar Arun, Chief Manager (for Arb A No.1648 of 2025) and Mr.Christoher, Chief Manager (for Arb A No.1721 of 2025) is appointed as the receiver and the receiver is permitted to seize the vehicle from the respondent or wherever it is found and by breaking open the premises, if required with police assistance.

¶5These Arbitration applications are disposed of accordingly.

26.02.2026 rka

N.ANAND VENKATESH, J. rka Arbitration Application Nos.1648 and 1721 of 2025

26.02.2026