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2026 Supreme(Online)(Mad) 14398

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
Ms/.Cholamandalam Investment and Finance Company Limited – Appellant
Versus
Mr.Hassan TM – Respondent
Arbitration Application | None



Important Points

The court emphasizes the enforcement of arbitration awards under Section 9 of the Arbitration and Conciliation Act, allowing the appointment of a receiver to aid recovery.

Subject

Arbitration - Enforcement of Arbitration Awards

Act Referred

Headnote

The applicant sought relief under Section 9 of the Arbitration and Conciliation Act, 1996, for the appointment of a receiver to recover a vehicle following a court award directing the respondent to pay a sum. The court noted the absence of challenge to the award and the need for recovery. The court granted the request and appointed a receiver to seize the vehicle, considering the circumstances of the case. Ultimately, the vehicle was seized and handed to the applicant, leading to the closure of the application.

Advocates:
For the Appellants/Petitioners: Mr.D.Pradeep Kumar

Table of Content
1. initial court order and application for receiver. (Para 1 , 2)
2. details of the award and seizure of the vehicle. (Para 3)

ORDER

When the matter came up for hearing on 17.11.2025, this Court passed the following order:

“This 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 vehicle from the respondent to the applicant, if necessary, with police protection and by breaking open the premises.

2. Heard Mr.D.Pradeep Kumar, learned counsel for applicant and carefully perused the materials available on record.

3. It is seen that an award has already been passed on 25.08.2025 directing the respondent to pay a sum of Rs.11,92,744/-. The specific case of the applicant is that till date, the award has not been challenged. The applicant is also not able to take possession of the vehicle. It is under these circumstances, the present application has been filed before this Court.

4. Considering the fact that an award has been passed and the applicant must be able to recover the amount from the respondent, this Court is inclined to appoint a receiver.

5. Accordingly, Mr.Akhil Poppy Antony, Legal Executive, 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.

6. Notice to the respondent returnable by 15.12.2025.

Private notice is also permitted.

List this application on 15.12.2025.”

2. It is brought to the notice of this Court that the vehicle has been seized by the receiver. In spite of service of notice, there is no appearance for the respondent either in person or through counsel.

3. Since the vehicle has already been seized and handed over to the applicant, no further orders are required to be passed in this application.

Accordingly, this application stands closed.

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