Orix Leasing And Financial Services India Ltd v. Gensol Engineering Ltd & ORS.

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 146/2025 & I.As. 10538/2025, 12577/2025 ORIX LEASING AND FINANCIAL SERVICES INDIA LTD .....Petitioner Through:

Mr. Asheesh Jain, Sr. Advocate with Mr. S.K. Sen, Advocate with Mr. Gandhav Makker, AR of Petitioner.

versus GENSOL ENGINEERING LTD & ORS.

.....Respondents Through:

Mr. Rishi Singhal, Advocate for RP of Gensol Engineering Ltd.

Mr. Ashu Goyal, Mr. Ayush Jindal and Mr.

Mayank Sharma, Advocates for R-3.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 11.09.2025 1.

This petition is filed on behalf of the Petitioner under Section 9 of Arbitration and Conciliation Act, 1996 seeking appointment of Authorized Representatives of the Petitioner as Receivers to take possession of 175 Electric Vehicles (EVs) leased out to the Respondents, amongst other reliefs.

2.

On 19.05.2025, Court appointed the Authorized Representatives of the Petitioner as Receivers to take possession of the 175 EVs and make an inventory. Receivers were permitted to take steps to charge and preserve the EVs so that they would remain in working condition. Respondents were directed to cooperate in identifying the locations, where the EVs were O.M.P.(I) (COMM.) 146/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2025 at 12:23:58

parked and were restrained from making any attempt to shift the EVs to any other location(s).

3.

Mr. Asheesh Jain, learned Senior Counsel for the Petitioner informs the Court that out of 175 EVs, 81 vehicles have been repossessed by the Receivers. It is urged that the Resolution Professional (RP) of Respondent No. 1 should be directed to render full cooperation to hand over the remaining vehicles to the Court Receivers as also to issue 'No Objection' in respect of transfer of ownership of the EVs in question in favour of the Petitioner, since it is an admitted case of the parties that Respondents have no proprietary/ownership rights over these EVs. 4.

Upon hearing the learned Senior Counsel for the Petitioner and counsel for Respondent No. 3 and the RP, it is directed that RP shall take immediate steps to ensure that the remaining 94 EVs are handed over to the Receivers appointed by this Court. Needless to state that if cooperation is not rendered by the Respondents/RP, it would be open to the Petitioner to seek police assistance and as and when the same is sought, SHOs of the concerned Police Stations shall render full cooperation. RP is also directed to take steps for issuance of 'No Objection' for transfer of ownership of the EVs in question in the records of the Regional Transport Office, in favour of the Petitioner.

5.

This petition is accordingly disposed of with the aforesaid directions along with pending applications.

JYOTI SINGH, J SEPTEMBER 11, 2025 S.Sharma O.M.P.(I) (COMM.) 146/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2025 at 12:23:58