Sapna Devi vs M/S Yadav Auto Deals
2021 Latest Caselaw 530 Del

$~Suppl.-1
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     FAO (COMM) 9/2021& CM APPLs. 1389-91/2021

      SAPNA DEVI                                        .....Appellant
                          Through:     Ms.Aditi Gupta, Advocate

                          Versus

      M/S YADAV AUTO DEALS                    .....Respondent
                   Through: Mr.Vijay K. Sehgal with Ms.Priya
                            Pandey, Advocates

%                                    Date of Decision: 16th February, 2021

CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
                           JUDGMENT

MANMOHAN, J (Oral):

1. Present appeal has been filed challenging the order dated 1st June, 2019 whereby the Recovery Manager of the Finance Company was appointed as the Receiver to take over possession of the hypothecated commercial vehicle. On 6th February, 2020 appellant's application for recall was disposed of.

2. The appellant's primary allegation is that the receipts of payment have been stolen by the respondent and that she had been made to sign documents showing receipt of a higher loan amount than what she had actually received.

3. This Court is of the prima facie opinion that the aforesaid contentions are not only contrary to record, but are also constitute highly disputed questions of fact. Consequently, the same should be determined by the Dispute Resolution Mechanism, namely, the Arbitrator.

4. However, as several months have elapsed and arbitration proceedings have not commenced, this Court directs the respondent/Finance Company to file an application for appointment of an Arbitrator within two weeks.

5. With the aforesaid direction, the present appeal and applications stand disposed of.

MANMOHAN, J

ASHA MENON, J FEBRUARY 16, 2021 ck