Delhi High Court - Orders
Moneywise Financial Services Private ... vs Dilip Jain & Ors on 15 January, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 15/2021
MONEYWISE FINANCIAL SERVICES
PRIVATE LIMITED ..... Petitioner
Through: Mr Shreyas Jain, Advocate.
versus
DILIP JAIN & ORS. ..... Respondents
Through
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 15.01.2021 [Hearing held through videoconferencing] I.A. 723/2021 & I.A. 724/2021
1. Allowed, subject to all just exceptions. O.M.P.(I) (COMM.) 15/2021 & I.A. 721/2021
2. The petitioner has filed the present application, inter alia, praying that an ex parte order be granted in favour of the petitioner by attaching the bank account of the respondents to the extent of `3,52,60,787/-.
3. The petitioner claims that it had advanced certain financial facilities to the respondents in terms of the Master Loan Agreement dated 01.05.2019.
4. The petitioner states that certain other advances were also made under the said Loan Agreement. According to the petitioner, the respondents failed and neglected to repay the loans in accordance with schedule and, therefore, the said loan was recalled on 06.07.2020. Thereafter, on 14.07.2020, the Signature Not Verified digitally signed by:DUSHYANT RAWAL petitioner invoked the guarantees
5. Admittedly, the petitioner has not issued any notice invoking the arbitration clause as yet. It is further noticed that the petitioner had approached the Commercial Court, Central District seeking a similar relief in respect of one of the advances made to the respondents [OMP(I)(COMM.) 118/2020] and by an order dated 03.10.2020, the learned court had granted the interim relief attaching certain bank accounts of respondent no.1, respondent no.5 and respondent no.6 arrayed in the said petition.
6. Despite securing an interim order in respect of part of the assistance granted to the respondents, the petitioner has not invoked the arbitration clause as yet.
7. Considering the delay on the part of the petitioner in invoking the arbitration clause, this court does not consider it apposite to pass any ex parte interim order in this petition.
8. Issue notice. Notice shall go by electronic modes, returnable on 04.03.2021. Dasti in addition. The dasti notice shall be served in person. The affidavit of service be filed at least one week before the next date of hearing.
9. List on 04.03.2021.
VIBHU BAKHRU, J JANUARY 15, 2021 MK Signature Not Verified digitally signed by:DUSHYANT RAWAL