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2023 Supreme(Bom) 1626

MANISH PITALE
Tata Motors Finance Solutions Limited – Appellant
Versus
Naushad Khan c/o. Nazbul Hoda Khan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Chetan Kapadia, Senior Advocate a/w. Ms. Vidisha Rohiya, Ms. Ami Brahmbhatt and Ms. Bhavna Dube Patil i/b. Jay & Co., Dr. Abhinav Chandrachud a/w. Mr. Gaurav Jangle and Ms. Kunjita Shah i/b. IV Merchant & Co.
For the Respondent: Ms. Anita Castellino a/w. Ms. Vibha Mishra and Mr. Mehul Thakkar i/b., Md. Jamil Khan, Ms. Zia Sayed and Mr. Kevin Gala and Ms. Jayshri Chavan i/b. Mr. Mehul Thakkar

ORDER :

1. The respondents in these proceedings have raised a fundamental objection regarding jurisdiction of this Court to entertain the two petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) and an application under Section 11 thereof, on the ground that the petitioner - applicant in these proceedings is a 'financial institution' covered under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), further claiming that the petitioner ought to proceed under the SARFAESI Act and that the remedy of arbitration cannot be invoked by the petitioner at all.

2. The respondents claim that the petitioner ought to approach the Debts Recovery Tribunal (DRT) by invoking the provisions of the SARFAESI Act and that the law laid down by the Supreme Court in the case of Vidya Drolia and others Vs. Durga Trading Corporation reported in (2021) 2 SCC 1, makes it amply clear that in the face of the statutory remedy with special tribunal available to the petitioner, resort

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