Tata Motors Finance Limited v. Majid Transport Co.
Case brief
What is this about?
Keywords: Section 9; Section 11; Arbitration and Conciliation Act 1996; appointment of sole Arbitrator; Payal Vardhan; discharge of Court Receiver; hypothecated vehicles; Loan-cum-Hypothecation-cum-Guarantee Agreement; Tata Motors Finance Limited v. Majid Transport Co.; Order XL Rule 1 CPC; Bombay High Court (Fee Payable to Arbitrators) Rules 2018; commercial arbitration petition/application; interim measures; police assistance; public auction. Relevant when researching appointment of a sole Arbitrator under Section 11 where a prior Section 9 Court Receiver order is discharged for want of disclosed asset location, or disposal of companion Section 9/11 proceedings with rights kept open before the Tribunal.
What did the court decide?
Both the Commercial Arbitration Petition (Section 9) and the Commercial Arbitration Application (Section 11) are disposed of: Ms. Payal Vardhan, Advocate, appointed sole Arbitrator; statutory disclosure directed under Section 11(8) read with Section 12(1) within 2 weeks; arbitrator fees per the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018, arbitral costs and fees borne equally and subject to the final Award; Court Receiver (appointed 14 January 2026) discharged without passing accounts subject to payment of costs, charges and expenses; Petitioner at liberty to seek further interim measures before the Arbitral Tribunal; all rights and contentions expressly kept open.