$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1548/2024 KOTAK MAHINDRA PRIME LTD. .....Petitioner Through: Appearance not given versus MUDASSIR ALAM SIDDIQUI & ANR. .....Respondents Through: None CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 10.12.2025

1. The present Petition has been filed under Section 11 of Arbitration and Conciliation Act, 1996 [“Arbitration Act”] for appointment of an Arbitrator to adjudicate upon the disputes between the parties under a Loan Agreement dated 30.09.2022.

2. The facts of the case as stated in the Petition reveal that the Petitioner sanctioned a car loan to the Respondents vide an agreement dated

30.09.2022 bearing no. CF20837454 for a sum of Rs. 10,04,018/- .

3. It is stated by the Learned Counsel for the Petitioner that the Respondent did not adhere to the terms and conditions of the Loan Agreement.

4. It is stated that an application under Section 9 of the Arbitration Act was filed by Petitioner before the learned District and Session Court, South District, Saket Courts, Delhi, which was was allowed vide Order dated

29.04.2024 and a Receiver was appointed a receiver to take the possession of the vehicle. The said Order reads as under:

“Respondent has been served on 20.04.2024 through his sister-in-law. Respondent has also been served through Whatsapp, email as well as tracking report filed on record. None has appeared on behalf of respondent, nor any objection/reply filed. Arguments addressed on the application filed U/s 9 of the Arbitration and Conciliation Act, 1996 for appointment of receiver for the hypothecated vehicle, Perused the record. Ld. Counsel for petitioner has prayed for order for appointment of receiver for taking possession of the hypothecated vehicle. The application for appointment of receiver has been filed to seize the vehicle, namely, "MARUTI BREEZA ZXI+DUAL TONE" bearing Registration no. DL2CBD6051 which was hypothecated with the petitioner in pursuance of the Loan Agreement no. CF20837454 dated 30.09.2022. It is submitted that, till date, the respondent has defaulted in payment of 05 installments and is liable to pay a sum Rs. 9,54,128/- as on date of filing of the petition. The petitioner submits that if the respondent succeeds in disposing the vehicle directly or indirectly, the petitioner shall suffer irreparable toss and injury, and the recovery of the decretal amount and the costs may become impossible. It is further submitted that the respondent has violated the terms and conditions of the agreement and the representative of the petitioner be appointed as receiver to seize the aforesaid vehicle. In view of these facts and circumstances, it is considered as expedient that a receiver is appointed in this case, for seizing the vehicle "MARUTI BREEZA ZXI+DUAL TONE" bearing Registration no. DL2CBD6051. Accordingly, Sh. Mohit Kumar, representative of the petitioner bank, is appointed as receiver who is authorized to take over the possession of the "MARUTI BREEZA ZXI+DUAL TONE" bearing Registration no.

DL2CBD6051. The receiver shall take over the possession of the vehicle, from the respondent, at the address given in the loan application. If the vehicle is not available at the said address, the receiver shall be at liberty to recover the vehicle, wherever, found. However, the receiver shall not stop a running vehicle on the road to forcibly take out the driver to take the possession of the vehicle. The receiver shall also not make any attempt to block the passage of the vehicle, to bring it to a halt to take its possession. The receiver shall avoid the taking of the possession of the vehicle, if the vehicle is occupied by a woman, who is not accompanied by a male member, or in case, she is accompanied by an elderly, infirm or physically/mentally challenged person. In such a case, the receiver shall take the possession of the vehicle, from the borrower's residence. The receiver shall also ensure that the repossession of the vehicle, will not result in th