✦ Madras High Court

Cholamandalam Investment And Finance Co LtdChola Crest, C 54 and 55, Super v. Muhammed Rayees PP

N ANAND VENKATESH

Case at a glance

Outcome

Disposed of

This application is disposed of in the above terms

Provisions considered

Judgment

Operative part

Arb Appln No. 1395 of 2025DATED: 01-12-2025CORAMTHE HONOURABLE Mr. JUSTICE N. ANAND VENKATESHArb Appln No. 1395 of 2025 Cholamandalam Investment And Finance Co LtdChola Crest, C 54 and 55, Super B-4,Thiru Vi Ka Industrial Estate, Guindy, ChennaiApplicant(s)VsMuhammed Rayees PPRespondent(s)PRAYERTo appoint employee of the Applicant viz., Ms.Athira M.S., Legal Executive, as Receiver to seize and take possession of the vehicle which is more fully 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 if necessary. For Applicant(s):Mr.D.Pradeep KumarORDERThis application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, for appointment of a Receiver to seize the subject https://www.mhc.tn.gov.in/judis Arb Appln No. 1395 of 2025vehicle/machine in the custody of the respondent or wherever found, if necessary, with police protection and by breaking open the premises and deliver the same to the applicant. N. ANAND VENKATESH, J. gya2.When the application came up for hearing on 27.10.2025, this Court, on carefully going through the averments made in the affidavit filed in support of the application, thought it fit to order notice to the respondent to ascertain as to whether the respondent will be willing to settle the dispute. 3. When the matter was taken up for hearing today, affidavit of service has been filed and it is seen that the private notice sent to the respondent has been duly served. Though the respondent has been served, there is no appearance either in person or through counsel. The whereabouts of the subject vehicle/machine is also not known. Hence, the apprehension of the applicant that the respondent is attempting to secret the construction equipment is prima facie established. 4. In view of the above, Ms.Athira M.S., Legal Executive, is appointed as Receiver for seizing the subject vehicle/machine from the respondent or https://www.mhc.tn.gov.in/judis Arb Appln No. 1395 of 2025wherever it is found and by breaking open the premises, if required, with police aid. This application is disposed of in the above terms.01-12-2025gyaToMuhammed Rayees PPS/o.Jabbar, Rishana Manzil, Marakkarkandy, Thayyil, Kannur, Kerala 670 003. Arb Appln No. 1395 of 2025

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: This application is disposed of in the above terms

Which statutory provisions did this judgment involve?

Arbitration and Conciliation Act, 1996 — s. 9.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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