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Bombay High Court

Siemens Financial Services Private LimitedversusSpartan Engineering Industries Private Limited and Ors.

Decided
Disposal
DISPOSED OFF

Holding

The petition is made absolute in terms of prayer clauses (a), (f) and (g) and the commercial arbitration petition is disposed of.

Summary

Siemens Financial Services Ltd filed a commercial arbitration petition seeking enforcement of a hypothecated machinery security interest against Spartan Engineering Industries Ltd and others. The respondents failed to appear despite service, and the Court Receiver reported that the hypothecated machinery could not be traced. The petitioner therefore urged continuation of the interim relief previously granted. The Court, relying on the Receiver’s report and the non‑appearance of the respondents, made the petition absolute in respect of the specified prayer clauses and ordered the disposal of the petition. The Court Receiver was discharged without accounting, subject to the petitioner paying the associated costs.

Issues considered

  • Whether the interim relief granted earlier should be continued given that the hypothecated machinery is not traceable
  • Whether the petition can be made absolute in terms of the prayer clauses despite the respondents' non‑appearance

Subjects

  • commercial arbitration
  • interim relief
  • hypothecation
  • court receiver
  • non‑appearance
  • enforcement of security

Judgment

                                                                   48-carbp-l-34566-2025 with CRR.doc


                      Shabnoor
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                        IN IT’S COMMERCIAL DIVISION

SHABNOOR               COMMERCIAL ARBITRATION PETITION (L) NO.34566 OF 2025
AYUB
PATHAN                                       WITH
Digitally signed by          COURT RECEIVER REPORT NO.343 OF 2026
SHABNOOR AYUB
PATHAN
Date: 2026.08.19
16:46:40 +0530        Siemens Financial Services
                      Private Limited                              … Petitioner
                                 V/s.
                      Spartan Engineering Industries
                      Private Limited & Ors.                       … Respondents



                      Mr. Nishant Chothani a/w Ms. Anushka Shetty and Mr.
                      Hardik Toshniwal i/b MLS Vani & Associates, for the
                      Petitioner.
                      Mr. Amod Eklaspur, for Respondent No.4.
                      Mr. Nachiket Khadalkar, for Respondent No.6.
                      Ms. Nandini. Y Deshpande, 1st Asst. to the Court Receiver’s
                      Office is present.


                                                  CORAM      : AMIT BORKAR, J.

                                                  DATED      : AUGUST 19, 2026
                      P.C.:
                      COMMERCIAL ARBITRATION PETITION (L) NO.34566 OF 2025

                      1.      Despite service, Respondent Nos. 1 to 3 have failed to
                      appear.

                      2.      The Court Receiver’s Report states that the hypothecated
                      machinery is not traceable. The petitioner has, therefore, made out
                      a case for continuation of the ad-interim relief granted earlier.



                                                        1
                                           48-carbp-l-34566-2025 with CRR.doc


3.    Hence, for the reasons recorded in the order dated 24 June
2026, the petition is made absolute in terms of prayer clauses (a),
(f) and (g).

4.    The Commercial Arbitration Petition stands disposed of in
above terms.

COURT RECEIVER REPORT NO.343 OF 2026

5.    The Court Receiver stands discharged without passing of
accounts, subject to the petitioner paying the costs, charges and
expenses of the Court Receiver.

6.    The Court Receiver’s Report stands disposed of.


                                            (AMIT BORKAR, J.)




                                  2


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