Tata Capital Limited v. Dadarwal Road Lines
530- CARBP-215-2025 copy.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION PETITION NO. 215 OF 2025 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:
2025.04.16 22:29:48 +0530 SHRADDHA KAMLESH TALEKAR TATA Motors Finance Limited
...Petitioner(s)
Versus
Dadarwal Road Lines
...Respondent(s)
Mr. Saurabh Oka (through VC), for Petitioner. None for Respondent(s).
CORAM : SOMASEKHAR SUNDARESAN, J.
Date : March 27, 2025 P. C.
1.
This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act").
2.
Disputes and differences between the parties have already been adjudicated, culminating in an arbitration award but such arbitration has been conducted by a unilaterally appointed arbitrator. In these circumstances, arbitration is sought to be conducted afresh without prejudice to the earlier arbitration. Consequently, pending arbitration, the interim protection that had been enjoyed under Section 17 in the last round is sought to be continued in respect of the following assets/agreements : Sr.
No.
Agreement/ Contract No.
Date of Agreement LRN/ InvocaDate of Loan Amount Claim Amount as of 29.05.2024 Award tion (Rs.) 1 5004398801 30/07/2022 04/11/ 20/03/ 43,07,296 1,38,604.82 March 27, 2025 Shraddha
530- CARBP-215-2025 copy.docx Pg.41 2 5004398803 Pg.66 30/07/2022 04/11/ 20/03/ 43,07,296 1,47,770.06 5004398805 Pg.69 30/07/2022 04/11/ 20/03/ 43,07,296 1,38,697.54 3.
Consequently, in respect of the aforesaid three agreements, interim relief would follow in terms of prayer clause (a), (e), (h) and (i) as set out in the Petition.
4.
It is made clear that should the Respondent be desirable of varying, altering or vacating the ad-interim relief granted hereby, the Respondent may appear on the next date and present their say. List on April 24, 2025. 5.
All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] March 27, 2025 Shraddha