Authority: High Court of Judicature at Bombay, Commercial Division
Order Date: 08 October 2026
Case Overview
- Petition filed by IIFL Finance Ltd under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim protection pending arbitration.
- Business Loan Agreement dated 23 August 2024 for Rs10,22,846.00 was executed with respondents Jay Shree Shyam Traders and another.
- Respondents defaulted on instalment payments; a Loan Recall Notice dated 10 September 2025 demanded repayment of the entire outstanding amount.
- Petitioner claims outstanding dues of Rs12,52,097.82 together with interest at 23% per annum from 5 September 2025.
- Respondents neither replied to the recall notice nor repaid the amount, and have not appeared before the Court despite service.
- The Court previously directed respondents to disclose movable and immovable assets; this order remains uncomplied.
- Petitioner alleges respondents are attempting to dispose of or transfer assets to defeat recovery, though no direct evidence of asset transfer is produced.
Final Outcome
- The Court finds a prima facie case for interim protection under Section 9, noting respondents' non‑appearance, failure to disclose assets, and risk of asset dissipation.
- Order partially allows the petition, directing a debit freeze on all bank accounts of the respondents, including those linked with PAN No. AYXPJ1351.
- The observations are prima facie and confined to the Section 9 application; the arbitral tribunal will decide the dispute on its merits.
- Petitioner is directed to constitute the arbitral tribunal within 90 days from the order date.
- The petition is disposed of with no order as to costs.
Topics: Arbitration; Interim Relief; Banking