OA/210/2026 of TATA Capital Housing Finance Ltd Vs MR THANIGAIMANI SAMBASIVAM

OA No. 210 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-04-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY OA No. 210 of 2026 TATA Capital Housing Finance Ltd having its registered office at national housing bank NHB 11th floor tower A peninsula business park ganpatrao kadam marg lower parel mumbai 400 013 ..Applicant(s) Vs 1. Mr Thanigaimani Sambasivam S/o.Sambasivam 2. Archana Ramanasekhar VILLA 1009 CASA grand elan semmancheri thazhambur siruseri tambaram 600130 3. The Sub Registrar Thiruporur 29 South Mada Street Thiruporur Chengalpattu 603 110 ..Respondent(s) PRAYER: Judges summons under Order XIV Rule 8 O.S.rules read with section 9(2)(b) and (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order of interim injunction restraining the respondent, or their men, agents or anybody action on his authority to transfer, alienate, encumber or sell the property more fully described in the schedule hereunder. For Applicant(s): M/s.V.Balasubramani For Respondent(s): Mr.R.Siddharth, AGP for R3 https://www.mhc.tn.gov.in/judis OA No. 210 of 2026 __________ Page2 of 4 ORDER After recording that the first and second respondents remained unrepresented in spite of service of notice, an order of interim injunction was granted until 30.04.2026. The first and second respondents remained unrepresented even as on date. 2. In order dated 02.04.2026, it was recorded as under: “4. On perusal of the facility agreement, it is clear that it provides for dispute resolution by arbitration. The applicant has filed the statement of accounts in respect of the two loan accounts and the foreclosure statements. It is evident that the total claim in respect of home loan account ending in no.193279 is about Rs.55,70,853/- as on 14.01.2026. In respect of loan account ending in no.197501, the amount outstanding is about Rs.1,66,191/- as on 14.01.2026. 5. Considering the above facts and circumstances, a strong prima facie case is made out. Unless the first and second respondents are restrained from alienating, encumbering or otherwise dealing with these assets, it is likely that irreparable hardship would be caused to the applicant pending arbitration. Therefore, an order of interim injunction as prayed for in this application is granted until 30.04.2026. The applicant is permitted to communicate this order to the first and second respondents.” https://www.mhc.tn.gov.in/judis OA No. 210 of 2026 __________ Page3 of 4 3. For reasons set out in the above paragraphs and in view of the first and second respondents continuing to remain unrepresented, this application is disposed of by making the order of interim injunction absolute until conclusion of the arbitral proceedings. 4. It is stated that the applicant has issued a notice under Section 21 of the Arbitration and Conciliation Act, 1996. The applicant shall take further steps to constitute the arbitral tribunal. 30-04-2026 Neutral Citation: Yes/No KAL https://www.mhc.tn.gov.in/judis OA No. 210 of 2026 __________ Page4 of 4 SENTHILKUMAR RAMAMOORTHY, J. KAL To 1. Mr Thanigaimani Sambasivam S/o.Sambasivam 2. Archana Ramanasekhar VILLA 1009 CASA grand elan semmancheri thazhambur siruseri tambaram 600130 3. The Sub Registrar Thiruporur 29 South Mada Street Thiruporur Chengalpattu 603 110 OA No. 210 of 2026 30-04-2026 https://www.mhc.tn.gov.in/judis