Gujarat High Court
Kanubhai Shambhubhai Patel vs Hdb Financial Services Ltd on 5 December, 2023
Author: Umesh A. Trivedi
Bench: Umesh A. Trivedi, Samir J. Dave
NEUTRAL CITATION
C/FA/4769/2023 ORDER DATED: 05/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4769 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In
R/FIRST APPEAL NO. 4769 of 2023
With
R/FIRST APPEAL NO. 4757 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In
R/FIRST APPEAL NO. 4757 of 2023
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KANUBHAI SHAMBHUBHAI PATEL
Versus
HDB FINANCIAL SERVICES LTD.
======================================
Appearance:
BHARATKUMAR A DESAI(8513) for the Appellant(s) No. 1
DHRUVIK K PATEL(7769) for the Respondent(s) No. 1
KALPESH R PATEL(7896) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 05/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)
1. These Appeals under Section 37 of the Arbitration
and Conciliation Act, 1996, (hereinafter referred to as 'the Act')
since involve common question of law and facts, they are
being disposed of by this common judgment and order.
NEUTRAL CITATION
C/FA/4769/2023 ORDER DATED: 05/12/2023
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2. The appellants herein are wife and husband
respectively, who sought advances from the respondent - Bank
for purchase of Trucks after executing loan agreement as
described in the impugned orders, bearing Registration
numbers as reflected from it. However, since the appellants
failed to pay three consecutive installments towards the same,
the respondent - Bank, as per the terms of agreement,
initiated action against the appellants herein by issuing notice
calling upon them to pay the installments or else vehicles
would be repossessed as per the terms of agreement.
Pursuant thereto, all the vehicles have been repossessed and
even sold off to third parties and they have already been
transferred in the name of third party purchasers. However,
after the vehicles were repossessed and sold off to third
parties, the appellants herein appears to have filed
Commercial Civil Miscellaneous Application Nos.8 of 2022 and
5 of 2022 respectively on 08.02.2022 under Section 9 of 'the
Act' praying for interim measure directing the respondent -
Bank to handover possession of the vehicles as mentioned in
paragraph 7 of the applications therein.
3. However, after the vehicles were repossessed and
resold to the third party purchasers and transferred in their
names, these applications under Section 9 of 'the Act' came to
be filed by the appellants praying for interim measure, which
cannot be initiated before the Court concerned as the dispute
can be resolved as per the terms of the agreement and the
prayer made in the applications directing the respondent -
Bank to handover possession of the vehicles, which were not
NEUTRAL CITATION
C/FA/4769/2023 ORDER DATED: 05/12/2023
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even in possession of the respondent - Bank as on the date of
the applications.
4. As recorded in the impugned orders, more
particularly paragraph 15, grievances voiced by the appellants
appears to be vehicles being sold at cheap price than the
market value. At the same time, when vehicles were
repossessed by the respondent - bank on failure of the
appellants to pay regular installments, no protest was ever
shown by the appellants nor any application praying for interim
measure under Section 9 of 'the Act' was filed by them. No
action was initiated by the appellants even at the time of
resale of the repossessed vehicles. As such, the prayer made
in the applications before the Court concerned seeking interim
measure directing the respondent - Bank to handover
possession, which was not then in possession of the
respondent - Bank, the learned Judge has rightly rejected the
applications filed under Section 9 of 'the Act' specifically
holding that if the appellants are having any grievance or
dispute in respect of sale price or anything else, the appellants
may approach the sole arbitrator or approach any other Court
or forum available under the law. Hence, we see no reason to
interfere in these Appeals. Hence, both the Appeals are
dismissed. Needless to say that if any other proceedings are
initiated, the concerned Court or authority may determine the
same in accordance with law.
NEUTRAL CITATION
C/FA/4769/2023 ORDER DATED: 05/12/2023
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CIVIL APPLICATION No2 of 2023
In
R/FIRST APPEAL NO. 4769 of 2023
and
CIVIL APPLICATION No.2 of 2023
In
R/FIRST APPEAL NO. 4757 of 2023
In view of disposal of the main Appeals, no order in
the Civil Applications and the same stand disposed of.
(UMESH A. TRIVEDI, J.)
(SAMIR J. DAVE, J.)
siji
