Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: PIRAMAL FINANCE LTD Vs. SHAHRUKH SABIR
ARBTN No. 1755/2026
10.08.2026
Fresh case received by way of assignment. It be checked and registered.
Present: Sh. Dheeraj, Ld. Counsel for petitioner.
O R D E R
1. Vide this order, I shall decide an application under Section 9 of the
Arbitration & Conciliation Act, 1996 seeking ex-parte interim relief filed by the
petitioner.
2. Issue notice of the petition to respondent in view the judgment passed by
Hon’ble High Court Delhi in case of New Morning Star Travels v. Volkswagen
Finance Pvt. Ltd for 20.11.2026.
3. The request made by the petitioner for ex parte appointment of receiver is
however considered in view of the fact that respondent may conceal or dispose of
the vehicle in question, I deem it appropriate and take it as a fit case where the
receiver is to be appointed at this stage for taking possession of the vehicle in
question.
4. It is submitted by Ld. Counsel for the petitioner that Sh. Ankur Gautam,
employee of the petitioner bank may be appointed as receiver to take possession
of the vehicle make MARUTI SUZUKI INDIA LTD MARUTI WAGON R
GREEN LXI, Reg. No.- DL8CAT5138, from the possession of respondent, his
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agent or from any one else who is in possession of the said vehicle and the
receiver may also be allowed to take assistance of police, if necessary for the said
purpose. It is further argued that the respondent has not been making any payment
due towards the loan taken by him which has resulted into loss to the petitioner.
5. Heard Ld. Counsel for petitioner and perused the record file.
6. In view of the averments made in the application and the submissions
made, the application under Section 9 of the Arbitration & Conciliation Act, 1996
stands allowed. Following reliefs are hereby granted to the petitioner:-
(i) Sh. Ankur Gautam, employee of the petitioner bank is appointed as
receiver to take possession of the vehicle i.e. MARUTI SUZUKI INDIA LTD
MARUTI WAGON R GREEN LXI, Reg. No.- DL8CAT5138, from the
respondent, his agents or any other person found possessing the vehicle.
(ii) The receiver shall have the right to gain possession of the hypothecated
vehicle purchased by the respondent out of the loan amount i.e. MARUTI
SUZUKI INDIA LTD MARUTI WAGON R GREEN LXI, Reg. No.-
DL8CAT5138, from wherever place it be found, by unlocking or towing or
otherwise, through its authorized representative and with the assistance of police,
if necessary. The acquired vehicle shall be sold/auctioned as per rules and its
proceeds shall be adjusted towards the amount recoverable from the respondent. It
is needless to say that the amount received in excess of recoverable amount shall
be transferred to the bank account of respondents under due intimation. However,
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the amount so received if found deficient to satisfy the claim, the claimant shall be
at liberty to recover the reminder amount by executing the arbitral award as per
law.
(iii) The receiver shall file in the Court, the resolution by Board of Directors
that he is duly authorized to act on behalf of the company within three days of
passing of the order, as already furnished.
(iv) An inventory in respect of the attachments in the vehicle shall be made by
the receiver and copy of the same be given to the person from whose possession
the vehicle is possessed and the petitioner who shall file the same in the Court
along with his report.
(v) This condition of vehicle shall be noted and the receiver shall take
photograph of the repossessed vehicle from all sides and shall ensure that vehicle
is kept in the same condition as it was repossessed.
(vi) An appropriate receipt shall be given to the person from whose custody the
vehicle is taken. The vehicle in question shall not be sold or disposed-of or the
possession thereof parted with without due permission of the Court.
(vii) The receiver shall have a liberty to approach the police authorities
concerned who are directed to provide all necessary assistance to the receiver in
obtaining a peaceful repossession of the subject vehicle.
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(viii) The SHO of the area within whose jurisdiction the address (s) of the
respondent is/are situated is hereby directed to give the police help to the receiver,
as required by him.
(ix) The receiver shall submit his report within ten days of taking custody of the
vehicle along with the photographs and the inventory as mentioned above.
(x) The petitioner is directed to commence the arbitration proceedings, if not
commenced earlier, within a period of one month from today.
7. The petitioner shall file the status report on the next date of hearing.
The application stands disposed-of accordingly.
Put up for service report of respondent on 20.11.2026.
Pronounced in the open Court (KIRAN GUPTA)
on 10.08.2026 DISTRICT JUDGE-02
NORTH WEST DISTRICT,
ROHINI COURTS, DELHI
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