Tata Motors Finance Limited v. Harendra Singh
Case brief
What is this about?
Section 9 Arbitration and Conciliation Act 1996; ad-interim relief; ex parte interim protection; hypothecated commercial vehicles; injunction against alienation, transfer, encumbrance and third-party rights; disclosure of vehicle location on oath; handover to Court Receiver High Court Bombay; loan default and demand notice July 22 2024; claim Rs. 1,81,77,615.87; Tata Motors Finance Limited; Bombay High Court Commercial Division; Somasekhar Sundaresan J; April 7, 2025; liberty to file Section 11 application; Post-Notice Section 9 caption; returnable April 28, 2025.
What did the court decide?
Ad-interim reliefs granted in terms of prayer clauses (a) and (f): (i) restraint on the Respondent from selling, alienating, transferring, parting with possession of, encumbering, dealing with, disposing of or creating third-party rights over the hypothecated commercial vehicles and disclosed movable/immovable properties; and (ii) disclosure on oath of the current location of the hypothecated vehicles and handover of peaceful possession to the Court Receiver, High Court, Bombay — in each case pending hearing and final disposal of the arbitration and until final execution of the Arbitral Award; Respondents may seek variation/vacation before the Arbitral Tribunal; matters stand over / notices returnable April 28, 2025, with the Petition to be listed with the Section 11 Application on that date.