Tata Motors Finance Limited v. Fast Track Logistics

40-CARBP-237-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 237 OF 2024 Tata Motors Finance Ltd.

...Petitioner

Versus

Fast Track Logistics & Anr

...Respondents

Mr. Gaurav Jangle, a/w Kunjita Shah, i/b I V Marchant & Co., for the Petitioner.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : JANUARY 16, 2025 PC :

1.

Learned Counsel for the Petitioner submits that he is already a beneficiary of interim reliefs in terms of prayer clauses (b) and (d), which essentially entitle the Petitioner to a disclosure of assets by the Respondents, and an injunction against disposal of assets. Thereafter, despite repeated service, the Respondent has not participated in the proceedings, rendering such reliefs to be quite irrelevant in securing the assets of the Petitioner pending arbitration. 2.

Be that as it may, since today the Respondent has yet again not entered appearance, it is open to the Petitioner to enforce these Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.01.20 10:45:03 +0530 injunctions by taking up appropriate proceedings against the ASHWINI JANARDAN VALLAKATI January 16, 2025 Ashwini Vallakati

40-CARBP-237-2024.doc Respondent in the form of execution of these injunctions. The Petitioner also submits that an Application under Section 11 of the Act has been filed, being Commercial Arbitration Application (L) No.28752 of 2024. Let this Petition along with the aforesaid Application under Section 11 be listed on January 30, 2025.

3.

It is made clear that both the proceedings will be dealt with finally on that date. The Petitioner is permitted to serve a copy of this order, yet again putting the Respondent to notice that both these proceedings will be taken up for final disposal on the next occasion, since multiple opportunities to participate have already been given to the Respondent, and till date he has not availed of the same. 4.

Stand over to January 30, 2025 under the caption "For Final Hearing and Disposal".

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.] January 16, 2025 Ashwini Vallakati