VRIKSH ADVISORS PRIVATE LIMITED v. GENSOL ENGINEERING LIMITED & ORS.
O.M.P.(I) (COMM.)/176/2025 · 2025-05-29
Jasmeet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18500 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18500 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 176/2025& I.A. 12382/2025, I.A. 13966/2025
VRIKSH ADVISORS PRIVATE LIMITED .....Petitioner
Through: Mr. Rajshekhar Rao, Sr. Adv with Mr. Dhruv Dewan, Mr. Kaustubh Rai, Ms. Shruti
Jakhar, Advs.
versus
GENSOL ENGINEERING LIMITED & ORS. .....Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R %
29.05.2025
1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking the following substantial prayers:-
“(a) Restrain the Respondent No.1, its shareholders, directors (including the Respondent Nos. 2 and 3), officers, personnel, representative and third-party contractors from, in any manner, selling, alienating, transferring, or encumbering or in any manner creating third party rights in vehicles owned by the Petitioner, as mentioned in paragraph no. 5 of the present Petition, till the pendency and final disposal of the arbitration proceedings between the Petitioner and the Respondent No. 1;
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:27:49
(b) Allow the Petitioner or their representative to take custody and possession of the subject vehicles mentioned in paragraph no. 5 of the present Petition, from the Respondent No.1, its shareholders, directors (including the Respondent Nos. 2 and 3), officers, personnel, representative, third-party contractors and any other person found to be in possession of the said vehicles from wherever it is found; and grant liberty to the Petitioner to sell/ lease the said vehicles:
(c) In alternative to prayer clause (b), appoint Mr. Arun Paliwal (email: arnav.paliwal@electrifimobility.com;ph.no.: +91- 9911647667), or any other duly authorized representative(s) of the Petitioner as a receiver for taking the possession of subject vehicles mentioned in paragraph no. 5 of the present Petition, with a direction that possession of the said vehicles be taken from the Respondent No.1, its shareholders, directors (including the Respondent Nos. 2 and 3), officers, personnel, representative, third-party contractors and any other person found to be in possession of the said vehicles from wherever it is found; and to also direct the local police officials of the area concerned where the said vehicles are found to provide police assistance to the receiver in takingthe possession of the said vehicles.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:27:49
2. When the matter came up for hearing on 15.05.2025 before this Court, this Court was pleased to restrain the respondents from selling, alienating, transferring, encumbering or creating third party rights in 76 vehicles owned by the petitioner and let out to the respondent no. 1vide Operating Lease Agreement dated 29.08.2023. 3. Additionally, the Court also appointed Mr. Arun Paliwal (representative of the petitioner) as the receiver to take possession of the 76 electric cars. 4. As per the paragraph 13 of the Operating Lease Agreement, the email ID of the respondent(s) for service of notice has been recorded anmol.jaggi@blu-smart.com. 5. In the present petition, as per the affidavit of service, the respondent(s) have been served at the said email ID. 6. Despite service, there is nobody appearing for and on behalf of the respondent. 7. Mr. Rao, learned senior counsel for the petitioner has drawn my attention to an email dated 16.05.2025 by the respondent, which is in response to the email of the petitioner dated 16.05.2025 (11:28 A.M.). The said email reads as under:-
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:27:49
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:27:49
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:27:49
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:27:49
8. From the aforesaid email, it is clear that the respondent(s) have no objection to the petitioner or their authorised representative, namely, Mr. Arnav Paliwal taking possession of the vehicles listed in the email of the petitioner (16.05.2025; 11:28 A.M.). 9. Accordingly, the petitioner shall take over the possession of the vehicles described in the tabulation given in the aforesaid Email. Further, the petitioner is at liberty to deal with the re-possessed vehicles as per the petitioner’s convenience and free will. 10. In view of the order passed today, the counsels for the petitioner does not press the present petition and the same is disposed of. 11. In case of any difficulty, the petitioner is at liberty to revive the petition. JASMEET SINGH, J
MAY 29, 2025 / (MS)
Click here to check corrigendum, if any
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 16:27:49