Tata Motors Finance Limited v. Rahul Roadlines
Case brief
What is this about?
Tata Motors Finance Limited v. Rahul Roadlines and Ors; COMM. ARBITRATION PETITION NO. 472 OF 2024; High Court of Judicature at Bombay; Somasekhar Sundaresan, J.; June 9, 2025; Section 9 Arbitration and Conciliation Act 1996; Section 11; ad interim relief; Loan cum Hypothecation cum Guarantee Agreement dated December 30, 2022; Clause 23 arbitration clause; default in loan servicing; notice June 24, 2024; Rs.1,21,40,803.57/-; injunction against alienation of hypothecated commercial vehicles; disclosure of vehicle location on oath; handover to Court Receiver, High Court, Bombay; forcible possession with police assistance; Section 11 application within 30 days; listed July 7, 2025.
What did the court decide?
Ad interim reliefs granted in prayer clauses (a), (f) and (g): (a) Respondents injuncted from selling, alienating, transferring, parting with possession of, encumbering or creating third-party rights in the hypothecated commercial vehicles (Exhibit C); (f) Respondents directed to disclose on oath the current and exact detailed location of the hypothecated vehicles and to hand over peaceful possession to the Court Receiver, High Court, Bombay; (g) failing handover, Court Receiver to take forcible physical possession of the hypothecated assets, breaking open seals/locks, with police assistance if necessary, and hand them to the Petitioner or buyer as agent of the Court Receiver. Reliefs to apply pending consideration of further interim relief by the Arbitral Tribunal. Liberty to file Section 11 application within 30 days from upload of the Order; Petition listed along with the Section 11 Application after four weeks, i.e., on July 7, 2025.