Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Arbitration no. 2043/26
M/s ANR Finlease Pvt. Ltd. Vs Kanhiya Lal
28/09/2026
Present : Ms. Muskan, Ld. Counsel for the petitioner.
1. Fresh Petition u/s 9 of Arbitration & Conciliation Act, has
been received by way of assignment. It be checked and registered.
2. Ld. Counsel for the petitioner has relied upon Para No. 14
of the judgment dated 04/03/2014 bearing OMP No. 150/2014,
“ION
Exchange (India) Ltd. Vs. Panasonic Electric Works Co. Ltd.”, decided
by the Hon'ble High Court of Delhi, wherein, Hon'ble High Court of
Delhi has held as under :-
“14. In these circumstances, we find ourselves unable to
agree with the view of the Learned Single Judge expressed
in his order dated 04/02/2014. We agree with the view
taken in Sai Consulting
(supra) and hold that the Courts at
the seat or place of arbitration would have territorial
jurisdiction to entertain an application under the said Act
subject to the provisions of Section 42 thereof, irrespective
of the fact that the cause of action arose elsewhere and / or
the respondent resides elsewhere.”
3. In view of the clause mentioned in the Agreement,
arbitration proceedings were to be conducted at Delhi and as such, Delhi
Court has the jurisdiction and the seat of the sole arbitrator is in Rohini,
Delhi which falls within jurisdiction of this Court.
4. Ld. Counsel for the petitioner has pressed for immediate
orders under Section 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.
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5. As per the claim of the petitioner, the vehicle i.e. BAJAJ RE
CNG, bearing Registration No. DL1RV9562, Chassis No. 18384, Engine
No. 51596 was financed by the petitioner for an amount of
Rs. 4,00,000/- in favour of the respondent vide Loan-cum-Hypothecation
Agreement dated 14/08/2024. The petitioner has further stated that
respondent has failed to pay 08 EMIs. It has been further stated that the
respondent is liable to pay a sum of Rs. 1,61,500/- to the petitioner
towards outstanding amount with over due.
6. Keeping in view the abovesaid submissions, this Court is 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, 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 :-
(i) Mr. Kamal Wadhwa, the Authorized Representative of the
petitioner is appointed as the Receiver in this case to take into
his custody the above mentioned vehicle from the respondent,
his agents or any other person found possessing the vehicle.
(ii) 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, with liberty to take the assistance of
the local Police, if required, and the concerned SHO shall
provide assistance to the Receiver as and when requested.
(iii) 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.
(iv) The Receiver shall deliver a copy of this petition and a
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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.
(v) The Receiver shall keep the vehicle in safe custody and
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.
(vi) 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.
(vii) 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.
(viii) 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 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.
(ix) 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.
(x) An affidavit be sworn to by the petitioner and be placed
before the Court within two weeks of taking possession of
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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.
(xi) 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.
(xii) The Receiver shall inform the respondent the option of
resolving the dispute amicably by settlement before the
Mediation Centre, Rohini Courts, Delhi and will also give a
copy of this order to the respondent at the time of
repossessing the vehicle.
7. Issue notice of the present petition to the respondent through
all permissible modes on filing of PF/RC by the petitioner, before Lok
Adalat scheduled to be held on 25/10/2026. In case, PF/RC is not filed
within one week, then, interim orders shall stand vacated.
8. A copy of this order be given dasti to Ld. Counsel for the
petitioner, as prayed for, after filing of PF/RC.
(Preeti Parewa)
DJ - 02/ North/ Rohini Court
Delhi/28/09/2026
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