VOLKSWAGEN FINANCE PRIVATE LIMITED Vs. VIJAY KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the appellant-M/s.Volkswagen Finance Private Ltd., the Financier against the borrower-Mr.Vijay Kumar aggrieved by the order passed by the Court below of LX Addl.City Civil and Sessions Judge, Bangalore in AA 140/2016 (M/s.Volkswagen Finance Pvt.Ltd., vs. Vijay Kumar) under Section 9 of the Arbitration and Conciliation Act, 1996 by which the learned Court below held that it had no territorial jurisdiction to deal with the application under Section 9 of the Act filed by the present appellant-M/s.Volkswagen Finance Pvt.Ltd., for interim relief.

(2.) Earlier the said Court had passed an ad interim order dated 26.4.2016 allowing the petitioner-Company to take back the custody of the vehicle bearing Model AUDI A4 2.0 TDI bearing Registration No.KL-11-AT-4 from the borrower Vijayakumar.

(3.) Later, by the impugned order dated 4.10.2016, learned Court below has held in para.23 to 25 of the impugned order that the said Court at Bangalore does not have territorial jurisdiction to deal with the said application under Section 9 of the Arbitration and Conciliation Act and thus, paragraphs 23 to 25 of the said order are quoted below for ready reference: