Arbitration Application No. 1503 of 2025 · High Court
Case at a glance
- Bench
- N ANAND VENKATESH
Outcome
Disposed of
This application stands disposed of in the above terms
Provisions considered
Key paragraphs
- Para 33. When the application came up for hearing on 19.11.2025, this Court issued notice to respondents.2/4 https://www.mhc.tn.gov.in/judis Arbitration Application No.1503 of 20254. Private notice has been served on the respondents and affidavit of service has also been filed. The names of respondents have also been…
Judgment
Arbitration Application No.1503 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15.12.2025CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHArbitration Application No.1503 of 2025M/s.Sundaram Finance Ltd.,No.21, Patullos Road, Chennai 600 002.represented by its Authorised SignatoryMr.S.Rajiv BharathwajApplicantVs1.M/s.LSV Concrete Private LimitedRepresented by its Managing Director No.188, VVN Blue Metals, Kattudevathur Village, Madurantham Taluk, Kattudevadur, Kanchipuram 603 313.
M.Vijayan Raghavan3.LingesanRespondentsArbitration Application under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (d) & (e) of the Arbitration and Conciliation Act, 1996, praying to appoint a receiver namely Mr.B.Prabhakaran, Senior Assistant General Manager of the Applicant to seize and deliver the Asset 1/4 https://www.mhc.tn.gov.in/judis Arbitration Application No.1503 of 20252 Nos. Schwing Stetter Concrete Pump SP and bearing Identify No.813373500/538 and 813371900/536 available at the respondents' premises or wherever found and permit the receiver Mr.B.Prabhakaran, Senior Assistant General Manager of the Applicant to obtain police aid and to break open the premises. For Applicant: Mr.M.Arunachalam*****ORDERThis application has 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 Construction Equipment to the applicant, if required, with police aid.2. The applicant extended financial facilities to the respondents. Since the respondents committed default, a recall notice dated 05.09.2025 was issued and in spite of receipt of the same, there was no response from respondents. It is under these circumstances, the present petition came to be filed before this Court.
Operative part
When the application came up for hearing on 19.11.2025, this Court issued notice to respondents.2/4 https://www.mhc.tn.gov.in/judis Arbitration Application No.1503 of 20254. Private notice has been served on the respondents and affidavit of service has also been filed. The names of respondents have also been printed in the cause list. However, the respondents are neither present nor represented through counsel. Hence, the apprehension raised on the side of the applicant that the respondents are trying to secret the Construction Equipment is prima facie established.5. In view of the above, Mr.B.Prabhakaran, Senior Assistant General Manager, is appointed as the Court receiver and the Court receiver is permitted to seize the Construction Equipment from the respondents or wherever it is found and by breaking open the premises, if required with police assistance. This application stands disposed of in the above terms.15.12.2025NCC:Yes/NogmN.ANAND VENKATESH, J.3/4 https://www.mhc.tn.gov.in/judis Arbitration Application No.1503 of 2025gmArbitration Application No.1503 of 202515.12.20254/4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application stands 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.