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Judgment
Manmohan, J
Present appeal has been filed challenging the order dated 1st June, 2019 whereby the Recovery Manager of the Finance Company was appointed
as the Receiver to take over possession of the hypothecated commercial vehicle. On 6th February, 2020 appellant's application for recall was disposed
of.
The appellant's primary allegation is that the receipts of payment have been stolen by the respondent and that she had been made to sign documents
showing receipt of a higher loan amount than what she had actually received.
This Court is of the prima facie opinion that the aforesaid contentions are not only contrary to record, but are also constitute highly disputed
questions of fact. Consequently, the same should be determined by the Dispute Resolution Mechanism, namely, the Arbitrator.
However, as several months have elapsed and arbitration proceedings have not commenced, this Court directs the respondent/Finance Company to
file an application for appointment of an Arbitrator within two weeks.
With the aforesaid direction, the present appeal and applications stand disposed of.