Tata Motors Finance Motors v. Bharat Patat

1/2 32-CPCD-44-2025 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CONTEMPT PETITION NO. 44 OF 2025 IN COMMERCIAL ARBITRATION PETITION NO. 736 OF 2024 Tata Motors Finance Motors

...Petitioner

Versus

Bharat Patat

...Respondent

_______ Mr. Gaurav Jangle a/w Akshita Jain a/w Akshit Vats i/b I.V. Merchant & Co. for Petitioner.

_______

CORAM

:

ARIF S. DOCTOR, J.

th JANUARY, 2026 DATE :

P.C.

1.

Learned counsel for the Petitioner at the outset tenders a draft amendment by which he seeks to change the name of the Petitioner -Company from 'Tata Motors Finance Limited' To 'Tata Capital Limited'. He submits that this has been pursuant to a scheme of amalgamation. 2.

Given the formal nature of the amendment, the Petitioner is allowed to amend the cause title. The draft amendment is taken on record and marked 'X' for identification. Amendment to be carried out within a period of one week from today. Reverification is dispensed with. 3.

After hearing Mr. Jangle learned counsel for the Petitioner at some length and noting that the Contempt Petition alleged breach of an undertaking given by Areeb

2/2 32-CPCD-44-2025 (OS).DOC the Respondents to this Court, when asked to point out such undertaking, learned counsel for the Petitioner fairly submitted that the Order did not contain any such undertaking and the same was to be inferred. 4.

Mr. Jangle, however, submitted that the conduct of Respondents would still qualify as being contemptuous, because the Respondents have not complied with the directions of this Hon'ble Court, more particularly in paragraph no. 5 of the order dated 12 th September, 2025, which reads thus;

"5. The only contention raised by Mr Sinha, Learned Counsel appearing for the Respondent today is that the net value outstanding is not Rs.75,75,473.86 but curiously it is his contention that in respect of two loan accounts the amount is Rs.38 lakhs and Rs. 29 Lakhs in respect of the third account. Thus it is his contention that today in respect of these three accounts, there is an amount of approximately Rs. 67 Lakhs that is due and payable. Hence, since I am considering the matter at the interim stage, the Respondent is directed to deposit an amount Rs.67 Lakhs. As admitted today in Court by Learned Counsel appearing for the Respondent has been due and payable. Let that amount be deposited in Court within a period of four weeks from today."

5.

In my prima facie view, I do not find that such breach would amount to contempt, however, learned counsel seeks time to place reliance upon legal precedents/ in support of his contention.

th January, 2026. High On Board.

6.

At his request stand over to 13 [ARIF S. DOCTOR, J.] Areeb