Tata Motors Finance Limited v. Devendra Singh Rajpoot
Arbitration and Conciliation Act, 1996 – Section 9
Case brief
What is this about?
Bombay High Court, Commercial Arbitration Petition 448 of 2024 (file ref 517.CARBP.448.2024.doc), decided 28-03-2025, Somasekhar Sundaresan J. Section 9 Arbitration and Conciliation Act 1996 interim relief; uncontested petition (respondents did not appear despite service). Loan-cum-Hypothecation-Cum-Guarantee Agreement 29-06-2021, arbitration Clause 21; default; loan recall-cum-invocation notice 27-07-2024; claim Rs. 81,17,698.27/-. Reliefs granted: restraint on alienation/encumbrance/third-party rights over hypothecated commercial vehicles (Exhibit C); Court Receiver appointed to seize vehicles; disclosure of vehicle location on oath; petitioner as Receiver's agent; police assistance for repossession; undertaking to invoke arbitration within one week; next hearing 24-04-2025; liberty to seek variation/vacation.
What did the court decide?
Ad-interim reliefs granted as moulded, pending consideration of further interim relief by the Arbitral Tribunal: (i) injunction restraining the Respondents and persons claiming through them from selling, alienating, transferring, parting with possession of, encumbering or disposing of the hypothecated commercial vehicles at Exhibit C or creating third-party rights; (ii) appointment of the Court Receiver to take possession, with Respondents to disclose vehicle locations on oath and hand over peaceful possession, the Petitioner acting as the Receiver's agent; (iii) authorisation to seek police assistance for physical repossession per the repossession clause, on payment of charges. Notice of the order to be served on Respondents within one week of upload (¶26); Petitioner to invoke arbitration within one week (¶27); Respondents at liberty to seek variation, modification, alteration or vacation of the ad-interim reliefs (¶28); matter listed on April 24, 2025 (¶29).