Aditya Birla Finance Limited v. R. Pandiammal
Case brief
What is this about?
Section 9 Arbitration and Conciliation Act 1996 ad-interim relief; asset disclosure affidavit; disclosure of debts and receivables; injunction restraining alienation of assets; third-party rights; loan default notice February 15, 2024; Agreement dated December 21, 2020; Clause 38 arbitration clause; claimed dues Rs. 6,79,395.73; PAN CKGPP3065A; respondent served but absent; variation/vacation of Section 9 relief before Arbitral Tribunal; Section 11 application liberty 30 days; listing April 30, 2025; Bombay High Court OOCJ; Somasekhar Sundaresan J.; Aditya Birla Finance Limited v. Raman Pandiammal; ARBITRATION PETITION (L) NO. 7326 OF 2024.
What did the court decide?
Ad-interim reliefs in terms of prayer clauses (a), (b) and (c): (i) Respondent to file a comprehensive affidavit on oath disclosing movable and immovable assets, including bank accounts (with account numbers, bank, branch) including accounts linked with PAN No. CKGPP3065A, within 2 weeks; (ii) Respondent to file a comprehensive affidavit on oath disclosing all debts and receivables payable by third parties with precise addresses, within 2 weeks; (iii) Respondent, its agents and persons claiming under it restrained from dealing with, selling, transferring, parting with possession of, or creating third-party rights in its assets/properties pending the arbitration; reliefs operate pending consideration of further interim relief by the Arbitral Tribunal, before which the Respondent may seek variation/vacation; liberty to file the Section 11 application within 30 days; matter listed with the Section 11 Application on April 30, 2025.