Tata Motors Finance Limited v. Amit Tiwari
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.468 OF 2024 Tata Motors Finance Limited
...Petitioner
Versus
Amit Tiwari
...Respondent
Ms. Iraa Dube Patil a/w. Mr. Ramesh Dube Patil i/b Jay & Co. for the Petitioner [to check from file] CORAM: SOMASEKHAR SUNDARESAN, J.
DATE : JANUARY 23, 2025 PC :
1.
This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking certain interlocutory reliefs in connection with six agreements between the Petitioner and the Respondent, four of which are dated October 28, 2023, and two of which are dated December 2, 2023.
2.
Learned Counsel for the Petitioner points to the default arising in servicing of the loans covered by these six agreements and submits that Rs.1 crore is due and payable by the Respondent to the Petitioner. The details of the six vehicles in question are summarized in the table below:-
Sr.
No.
Agreemen t No.
Vehicle Model Engine No.
Chassis No.
Registrati on No.
80023582 LPT2518 51B63423 MAT44 WBI19 8022F2 G6890 R02778 80023582 LPT2518 51863424 MAT44 WBI19 8022F2 G6891 B02866 80023583 LPS4018 41G63385 MAT44 NL01L 7224E3 G15950 80023583 SIGNA4018 91E84879 MAT44 WB11 7284K5 E5475 E09470 80024129 SIGNA4625 S B6A250 D02112 G64162311 MAT44 7300M 2H10981 WB11 F1275 80024139 SIGNA4625 S B6A250| D02112 G6416295 MAT44 7309M 2G10734 WB11 F1375 3.
It is seen from the record that in August 2024, a notice for inspection of the vehicles was sent while in September 2024, a default notice was sent. Learned Counsel for the Petitioner submits that the Petitioner shall invoke arbitration within a period of 2 weeks from today. Consequently, she seeks interim relief pending commencement of arbitration.
4.
It is also seen that these proceedings have indeed been served on the Respondent, and a notice for attending Court virtually also appears to have been sent by the Petitioner to the Respondent. In these circumstances, considering that a prima facie case of default has been made out, and the vehicles being in a different state, without the right to inspect being honoured, a case for grant of ad-interim relief has been made out.
5.
Learned Counsel for the Petitioner prays for reliefs in terms of prayer clauses (b), (c), and (d), which, as moulded below, is hereby granted, pending the initiation and hearing of an application under Section 17 of the Act by the Arbitral Tribunal to be constituted:- The Respondent by himself, officers, employees, servants and/or agents or otherwise howsoever, is restrained by an order and injunction, from in any manner dealing with, selling, transferring, disposing of, or alienating or encumbering or hypothecating or charging or parting with possession of or transferring or creating any right, title or interest or license in favor of anyone else in respect of the hypothecated vehicles, as more particularly described in the table above, and also to disclose their current location and whereabouts;
The Court Receiver of this Court is hereby appointed as Receiver of the said hypothecated Vehicles as more particularly described in the table above, with all powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908, with a direction to the Respondent to hand over peaceful possession of the said hypothecated vehicles to the Court Receiver; and The Kohima RTO, Nagaland and Howrah RTO, West Bengal shall flag and black-list the aforesaid hypothecated vehicles as more particularly described in the table above and not register any transfer of creation of any security interest over the said vehicles.
6.
With the aforesaid directions, stand over to February 13, 2025 for further consideration. On that date it would be expected that the Learned Counsel for the Petitioner would apprise the Court about status of invoking arbitration proceedings.
7.
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.]