Tata Motors Finance Limited v. Anwar Yousf Sayed
Case brief
What is this about?
Section 9 Arbitration and Conciliation Act 1996 ad-interim relief; Tata Motors Finance Limited v. Anwar Yousf Sayed; Commercial Arbitration Petition No. 44 of 2025; Bombay High Court Commercial Division OOCS; Somasekhar Sundaresan J.; vehicle loan NPA; Range Rover Evoque MH20EG0003; financing agreement July 27, 2018; arbitration invoked February 3, 2022 and October 16, 2024; ex parte unilateral arbitrator awards January 31, 2022; Section 11 arbitrator appointment proposed; asset disclosure affidavit with ITRs 3 years and bank statements; vehicle location disclosure; Court Receiver Order XL CPC forcible possession breaking locks police aid; restraint on alienation and parting with possession; stand over February 4, 2025; liberty to seek variation or vacation.
What did the court decide?
Ad-interim protective reliefs granted as moulded from prayer-clauses 39(a), (e), (g) & (h): sworn disclosure of assets (bank accounts, 3 years' ITRs, investments), disclosure of the financed vehicle's location, appointment of the Court Receiver over the Exhibit-C vehicle with Order XL CPC powers including forcible possession, and restraint on disposal/alienation/parting with possession. Petition stood over to February 4, 2025 under caption 'For Interim Relief–Section 9'; Respondent free to seek variation or vacation of restraints; Petitioner expected to take steps on the proposed Section 11 application before the next date.