Tata Capital Financial Services Ltd. v. M/S. Union Batteries Private Ltd And 3 ORS

Chittewan 1/1

4. ARBP 392-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.392 OF 2016 Tata Capital Financial Services Ltd.

...

Petitioner

Versus

M/s Union Batteries Private Ltd.

And Others ...

Respondents .....

Ms. Shilpa Upadhyay I/b India Law LLP for the Petitioner. .....

CORAM : S.C. GUPTE, J.

DATE : 17 JANUARY 2019 P. C. :

.

This Arbitration Petition, filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeks protective relief in respect of the property forming part of the subject matter of the petition. Learned Counsel for the Petitioner informs the court that the reference has been concluded and an award has been declared by the arbitral forum. Learned Counsel, accordingly, does not press for any prayers of protective relief. Learned Counsel, however, submits that the Petitioner is not aware of any properties of Respondent Nos.2 and 3. Learned Counsel submits that both Respondent Nos.1 and 4, who are, respectively, principal borrowers and corporate guarantors, are already in liquidation. The Petition is, accordingly, disposed of by directing Respondent Nos.2 and 3 to disclose their assets in an affidavit to be filed before this court within a period of four weeks from today.

(S.C. GUPTE, J.)