Dd 3 06.08.2026 (Bench ID-266046 ) In the High Court At Calcutta CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMA/908/2026 AMIT KOLEY AND ANR VS HDB FINANCIAL SERVICES LIMITED IA NO: CAN/1/2026 Mr. Prantick Ghosh, Advocate Mr. Siddhartha Sarkar, Advocate Mr. Sourav Gupta, Advocate … … For the Appellants Mr. Sayak Ranjan Ganguly, Advocate Ms. Srijani Ghosh, Advocate Ms. Simrin Hussain, Advocate Ms. Pujal Musahib, Advocate … … For the Respondent 1. Appeal is directed against order dated June 8, 2026 passed in Misc. Case No. 5398 of 2026 by the VI Bench, City Civil Court, Calcutta. 2. By the impugned order, learned Judge, invoked Section 9 of the Arbitration and Conciliation Act, 1996 and appointed a Receiver in respect of a motor vehicle. 3. Learned advocate appearing for the appellants submits that, appellants entered into a hire purchase agreement. Appellants paid the hire purchase installments regularly. The vehicle is a source of livelihood of the appellants. Since the Receiver took possession of the vehicle concerned under the hire purchase agreement, the livelihood of the appellants stands affected. 2 4. Respondent is represented. 5. It appears from the records that, a hire purchase agreement was entered into between the appellants and the respondent on April 19, 2022. By and under such hire purchase agreement, appellants agreed to pay 59 installments in respect of a motor vehicle. 6. It is admitted at the Bar that there are defaults of the appellants for the 43rd to 48th installments at the time of institution of the Section 9 petition. In other words, appellants defaulted in payment of the installments for the month of December 2025 till May, 2026. 7. During the pendency of the proceedings, appellants paid a sum of Rs.37,500/- to the respondent on June 16, 2026 which the respondent acknowledges. However, appellants did not pay the monthly installments for the month of June, July and August of this year. 8. It is agreed between the parties that, the arrears monthly installments commencing from the month of December, 2025 to August, 2026 would be paid by the appellants in 5 equal installments commencing on and from the month of September 20, 2026 along with the current installment for such month. In respect of 5 monthly installments, appellants will pay the first monthly installment on or about September 7, 2026 and within the 7th of each succeeding month subsequently. 9. In calculating the quantum of amount to be payable in 5 equal monthly installments, appellants will be entitled to the credit of a sum of Rs.37,500/- from the agreed amount due and payable. Respondent, however, will be entitled to a credit of Rs.10,000/- towards parking charges. In calculating the quantum 3 to be paid for the arrears monthly installment from the month of December 2025 till August, 2026, no other costs, charges or expenses will be added to the account of the appellants. 10. By the impugned order, learned Judge appointed a Receiver to take possession of the motor vehicle concerned. Court is informed that the Receiver did take actual physical possession of the motor vehicle concerned. 11. On payment of the installments in terms of this order, that is for the month of September 20, 2026, both the current as well as the arrears, the learned Receiver is requested to make over the possession of the motor vehicle concerned to the appellants upon making a inventory in presence of the appellants. Appellants undertake to return the motor vehicle concerned in the event of default of payment of any of the current installments in terms of the hire purchase agreement or the 5 monthly installments as directed by this order. Appellants will make over the vehicle immediately on communication of the event of default by the learned advocate on record for the respondent to the learned advocate on record for the appellants. 12. In the event of default of the appellants making over possession of the vehicle on the default occurring learned Receiver is at liberty to repossess the vehicle, in accordance with law. 13. FMA/908/2026 along with the connected application are disposed of. [Debangsu Basak, J.] [Md. Shabbar Rashidi, J.] DEBABRATA DAS Digitally signed by DEBABRATA DAS Date: 2026.08.07 11:35:56 +05'30'