Tata Capital Ltd. v. Global Autowheels Pvt. Ltd.
Case brief
What is this about?
Section 9 Arbitration and Conciliation Act 1996 ad-interim relief; Tata Capital Limited v. Global Autowheels Pvt Ltd & Ors.; channel finance agreement default in loan servicing; disclosure affidavit of vehicles inventory receivables and customers; injunction against alienation encumbrance charging of financed vehicles and properties; disclosure of bank accounts ITR returns past 3 years shares stocks fixed deposits provident fund; debit freeze Bank of Baroda Begusarai Branch Account No. 12200500000386; ex parte relief respondents served but not appearing; Bombay High Court Commercial Division CARBP 641 of 2025; companion Section 11 application No. 397 of 2025 listed October 9, 2025; claim Rs. 5,50,41,649.32; Facility Agreement and Deed of Hypothecation dated April 7, 2022 taken on record; variation or vacation of Section 9 relief to lie before Arbitral Tribunal.
What did the court decide?
Ad-interim reliefs granted in terms of prayer clauses (b) to (f): (i) affidavits forthwith disclosing all vehicles/inventory of Respondent No. 1 funded and financed by the Petitioner, the receivables arising therefrom, and details of customers to whom lien assets/vehicles were sold with specifics of each transaction; (ii) injunction restraining the Respondents, their assignees, servants and/or agents from selling, transferring, disposing of, alienating, encumbering, charging, parting with possession of, licensing or creating any right, title or interest in such vehicles/inventory and receivables; (iii) affidavits disclosing all other movable and/or immovable properties of the Respondents, individually and/or jointly, with encumbrances; (iv) similar injunction in respect of such disclosed movable/immovable properties; and (v) disclosure on oath/affidavit of bank accounts and balances, ITR returns for the past 3 years, shares, stocks, investments (including fixed deposits and public provident fund) and all other tangible/intangible assets, together with a debit freeze on Bank Account No. 12200500000386 of Respondent No. 1 held with Bank of Baroda, Begusarai Branch to the extent of all amounts claimed by the Petitioner, without allowing liquidation of securities/investments. Reliefs operate pending consideration of further interim relief by the Arbitral Tribunal.