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Bombay High CourtCARBP/457/2024disposed off

Tata Motors Finance Limited v. Sarfaraz Hossain

2025-06-09Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

29-CARBP-485-2024 @ Ors copy.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB Date: 2025.06.11 20:03:22 +0530 COMM. ARBITRATION PETITION NO. 485 OF 2024 Tata Motors Finance Limited

...Petitioner

Versus

Harendra Singh

...Respondent

ALONGWITH COMM. ARBITRATION PETITION NO. 378 OF 2024 ALONGWITH COMM. ARBITRATION PETITION NO. 471 OF 2024 ALONGWITH COMM. ARBITRATION PETITION NO. 782 OF 2024 ALONGWITH COMM. ARBITRATION PETITION NO. 457 OF 2024 ALONGWITH COMM. ARBITRATION PETITION NO. 43 OF 2025 ALONGWITH COMM. ARBITRATION PETITION NO. 24 OF 2025 ALONGWITH COMM. ARBITRATION PETITION (L) NO. 32137 OF 2024 ALONGWITH COMM. ARBITRATION PETITION (L) NO. 38546 OF 2024 Advocate for the Petitioner appeared but appearance not tendered. Mr.Dikshak Soni i/b Jash Dalia for the Respondent in CARBPL/38546/ 2024.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : JUNE 9, 2025 PC :

1.

Apart from the Respondent in Commercial Arbitration Petition (L) No. 38546 of 2024 none of the Respondents have entered appearance. 2.

By this Court's order dated April 7, 2025, the Respondents was directed to make disclosures as set out in the said order but till date there has been no compliance by the Respondents including by the Respondent June 9, 2025

29-CARBP-485-2024 @ Ors copy.docx who is present today. It is seen from the record that in any case the Respondents were injuncted from creating any third-party interest in respect of the subject vehicles on the last occasion. In these circumstances, purely as a last chance to the Respondents to present their say, stand over to July 7, 2025.

3.

Meanwhile, Learned Counsel for the Petitioner in each of the Petitions submits that the Petitioner stands merged with Tata Capital Limited. The merger has been approved by the relevant Bench of the National Company Law Tribunal (NCLT) and the revised certificate of incorporation is yet to be issued. Liberty to change the name of the Petitioner once the revised certificate of incorporation is available. 4.

In any case, no application under Section 11 of the Act has been filed by the Petitioner till date. The Petitioner shall inform the Court about status of actual invoking of arbitration in aid of which interim relief is sought in these Petitions, which shall be done no later than the next date. 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.] June 9, 2025 Purti Parab