Delhi District Court
Acting Through And By The Hands Of vs Pawan Singh Shokeen on 30 November, 2009
IN THE COURT OF SMT. PRATIBHA RANI, DJIII
CUM I/c ASJ (WEST), DELHI
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Suit No.77/09 HDFC BANK LIMITED having its registered office at :
HDFC Bank House, Senapati Bapat Marg Lower Parel (West), Mumbai Regional Office at:
9th Floor, Ansals Classique Tower JBlock, Rajouri Garden, New Delhi.
Acting through and by the hands of Sh. Anirudh Bhargav ...Petitioner Versus Pawan Singh Shokeen s/o Sh.Jagbir Singh, r/o H.No.1243 Village Post OfficeDhichau Kalan Nazafgarh Delhi110043.
...Respondent Date of Institution: 31.10.09 Date of Arguments: 30.11.09 Date of judgment: 30.11.09 Petition U/s 9 of Arbitration & Conciliation Act, 1996 1 EXPARTE JUDGMENT:
1 Petitioner has filed the present petition U/S 9 of the Indian Arbitration & Conciliation Act, 1996 claiming that the respondent had approached the petitioner bank seeking grant of loan for purchase of vehicle TATA SE 1613 TURBO EII, bearing engine No.166230 and chasis No.101025. On the request of the respondent an amount of Rs.6,50,000/ was sanctioned as loan agreement dated 05.02.07 bearing HDFC Bank Loan Account No.2933606. The respondent agreed to repay the loan amount with interest in 45 monthly installments of Rs.17,478/ each. Necessary documents in that regard were claimed to have been executed by the respondent. As per case of the petitioner, the petitioner had duly paid the financed amount to the respondent against vehicle TATA SE 1613 TURBO EII, bearing engine No.166230 and chasis No.101025 and the said vehicle was under exclusive hypothecation of the petitioner.
The respondent started defaulting in repayment for which a legal notice was sent to the respondent recalling the loan facility. It was further claimed that there existed an arbitration clause in the agreement entered into between the parties and the dispute was 2 to be settled by arbitration. The petitioner had prayed that Shri M.Sriniwasan, Authorized Representative of the Petitioner bank was appointed as Receiver to take into custody the vehicle in question.
2 Vide order dated 31.10.09 passed by this Court, Shri M.Sriniwasan, Authorized Representative of the petitioner bank was appointed as interim receiver to take possession of the vehicle in question.
3 Notice was sent to the respondent through courier and speed post as well as through process serving agency. The envelope sent through speed post and courier were not received back but the notice through process serving agency was received back duly served. As none appeared on behalf of respondent, the respondent was proceeded exparte.
4. I have heard ld. counsel for the petitioner and carefully gone through the record.
5. It was submitted by Ld. Counsel for the petitioner that the vehicle in question had still not been repossessed but arbitration proceedings had been initiated.
6. Perusal of record reveals that as per Article/clause 3 30 of the Loan Agreement entered into between the parties, all disputes, differences or claims arising out of the agreement shall be settled by arbitration in accordance with provisions of Arbitration & Conciliation Act, 1996. As per provisions of Section 9 of the Arbitration & Conciliation Act, a party can approach the court either before or during the arbitration proceedings or at any time after making of the award for interim injunction or appointment of a Receiver. In that view of the matter, this Court is duly empowered to appoint a Receiver in the present matter as there exists an arbitration clause in the agreement between the parties.
7. Accordingly, the petition is allowed and order dated 31.10.2009 passed earlier is made absolute. Shri M.Sriniwasan, authorized representative of the petitioner bank is hereby appointed as receiver to take possession the vehicle TATA SE 1613 TURBO EII, bearing engine No.166230 and chasis No.101025 in accordance with law from the possession of the respondent. Before taking possession of the vehicle, the receiver shall be duty bound to inform the local police station from within whose jurisdiction the vehicle is to be repossessed and the SHO 4 of the said Police Station would be required to provide police assistance to the Receiver if so required. At the time of taking possession of the vehicle, the receiver shall issue receipt in this regard to the respondent or any other person from whose possession the vehicle is being repossessed and shall mention therein the condition of the vehicle. After repossessing the vehicle in question, the receiver shall get it photographed and keep it in the same condition in which it had been repossessed. As arbitration proceedings have already been initiated, the receiver shall be duty bound to maintain the vehicle in same condition till appropriate order in that regard is passed by Ld. Arbitrator. Petition stands disposed of accordingly. File be consigned to Record Room.
Announced in open court 30.11.2009 (PRATIBHA RANI) DJIIIcumI/c ASJ (West)/Delhi 5