Order 1

Order Details: COPY OF ORDER
Pdf Text: ARBTN No.1523/2026
MS ANANDSONS FINANCE PVT. LTD. VS. RAJ KUMAR
25.07.2026
Present: Ms. Muskan, counsel for the petitioner.
Fresh Arbitration Petition received. Be checked and registered.
Counsel for the petitioner has pointed out, as per the arbitration
Clause / agreement mentioned in Clause No.10.14 and 10.15, arbitration proceedings
were to be conducted at Delhi and as such, Delhi court has the jurisdiction. It is
averred by the petitioner that arbitration proceedings will be initiated at the office of
learned sole arbitrator in his office at Rohini, Delhi which falls within jurisdiction of
this court and hence this court has jurisdiction to entertain the petition.
Issue notice of the present petition to the respondent through all
permissible modes on filing of PF/RC by the petitioner for 12.09.2026 before Lok
Adalat. In case, PF/RC was not filed within one week, then, interim orders shall stand
vacated.
Ld. counsel for the petitioner has pressed for immediate orders u/s 9 of
the Arbitration & Conciliation Act, 1996 for appointment of the receiver in respect of
the vehicle of the respondent which has been financed by the petitioner company.
As per the claim of the petitioner, the vehicle i.e. TATA MOTORS
bearing registration No.DL-1VC-1208, Chassis No.00392, Engine No.26057 was
financed by the petitioner for an amount of Rs.6,00,000/- in favour of the respondent
vide loan cum hypothecation agreement dated 12.08.2021. The petitioner has further
stated that the amount was to be repaid by the respondent to the petitioner by way of
Equated Monthly Installments (EMI) of Rs.32,500/-. It has been further stated the
respondent has failed to pay 09 EMIs out of 24 months EMIs. It has been further
stated that the respondent is liable to pay a sum of Rs.2,92,500/- to the petitioner
towards foreclosure amount till date.
Keeping in view the abovesaid submissions, I am of the opinion that
the delay in grant of the interim relief may defeat the very purpose of filing the present
petition and the application under disposal. As such, I am of the opinion that the
petitioner has been able to make a prima facie case for grant of ad-interim ex-parte
relief. Accordingly, the following directions are hereby passed :-
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1. VIJAY, the authorized representative of the petitioner is appointed as the
receiver in this case to take into his custody the vehicle i.e. TATA MOTORS
bearing registration No.DL-1VC-1208, Chassis No.00392, Engine No.26057
from the respondent, his agents or any other person found possessing the
vehicle.
2. The receiver shall take over the possession of the vehicle from the respondent
at the address/addresses given in the loan application or from the place,
wherever the same is found as per the provisions of law.
3. The receiver shall be at liberty to take the assistance of the local Police, if
required, for taking over possession of the vehicle and the concerned SHO
shall provide assistance to the receiver as and when requested.
4. At the time of taking the custody of the vehicle, the receiver shall take the
photographs of the vehicle from different angles, the receiver shall prepare an
inventory of the articles lying in the vehicle, the receiver shall deliver a copy
of this petition and a copy of the orders passed as on date to the person from
whom the possession is taken together with the inventory of articles, if any.
5. The receiver shall keep the vehicle in safe custody, after taking possession
thereof and the receiver shall not sell off the vehicle without the permission of
the arbitrator. If the respondent, makes the payment of the outstanding
defaulted dues, as on the date of possession, then, the receiver shall release the
vehicle in question to the respondent.
6. The receiver shall submit his report before the court/ the arbitrator within a
period of ten days from the date of repossessing the vehicle along with the
photographs and the inventory mentioned above.
7. The respondent/ his representative from whose possession the vehicle is seized
shall be at liberty to move an appropriate application before this court or
before the arbitrator, if appointed, in case the respondent is aggrieved with the
seizure of the vehicle.
8. If the respondent is not in a position to clear the entire outstanding
installments, the receiver shall give him another opportunity to pay the
outstanding installments within 30 days of taking over the possession of the
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vehicle and in case the respondent makes the payment of the outstanding
installments within the said period, the receiver shall release the vehicle to the
respondent subject to an undertaking as aforementioned.
9. The petitioner shall refer the dispute to arbitration in terms of the loan
agreement, if not already referred for appointment of the arbitrator within a
period of four weeks from today and inform the court in writing about the
same.
10. At the time of taking the custody of the vehicle, the receiver shall deliver a
copy of this petition and this orders to the person from whom the possession is
taken. An affidavit be sworn to by the petitioner and be placed before the court
within two weeks of taking possession of vehicle that the person who received
the copy of the petition at the time of taking possession of vehicle was
authorized to do so and that it was not given to some third party who was not
responsible or who was not authorized to acknowledge any court notice on
behalf of the Respondent.
11. That the Receiver shall not take the possession of the aforesaid vehicle, if the
vehicle is on road and is occupied by any physically or mentally challenged
person, ill or infirm person, senior citizen or a woman unaccompanied by any
man. In such cases, the Receiver shall repossess the aforesaid vehicle from the
house of the Respondent or house of such occupier or any such other place
wherever vehicles is found to be stationed.
12. At the time of taking the custody of the vehicle, the receiver shall deliver a
copy of this petition and this orders to the person from whom the possession is
taken. An affidavit be sworn to by the petitioner and be placed before the court
within two weeks of taking possession of vehicle that the person who received
the copy of the petition at the time of taking possession of vehicle was
authorized to do so and that it was not given to some third party who was not
responsible or who was not authorized to acknowledge any court notice on
behalf of the Respondent.
13. The Receiver shall inform the respondent the option of resolving the dispute
amicably by settlement before the Mediation Centre, Rohini Courts, Delhi and
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will also give a copy of this order to the respondent at the time of repossessing
the vehicle.
14. Now to come up for filing on record the report by the receiver and for service
of the respondent on the next date i.e. on 12.09.2026 before Lok Adalat.
A copy of this order be given dasti to the counsel for the petitioner, as
prayed for, after filing of PF/RC.
(VIKRAM BALI)
DISTRICT JUDGE-2/
NORTH/ ROHINI COURT
DELHI/25.07.2026
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