TATA MOTORS FINANCE SOLUTIONS LIMITED Vs. NAUSHAD KHAN

JUDGEMENT

(1.) The respondents in these proceedings have raised a fundamental objection regarding jurisdiction of this Court to entertain the two petitions filed under Sec. 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) and an application under Sec. 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 to arbitration proceedings is barred, notwithstanding an arbitration clause contained in the agreement executed between the parties.

(3.) Brief reference to facts would give the backdrop in which the present proceedings have been initiated. The petitioner had advanced loan facilities to the respondents for purchase of vehicles and accordingly, Loan-cum-Hypothecation-cum-Guarantee Agreements were executed between the petitioner and the respondents. Each of the agreements contained an arbitration clause, which reads as follows:-