- (1.) This appeal is against an Order passed by the learned Judge, VIIIth Bench, City Civil Court at Calcutta in an application for interim relief filed by the respondent financier under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act").
(2.) By the order impugned, the learned Court has appointed a Receiver for the purpose of taking over possession of a vehicle bearing Registration No. WB 23B 6532 with Engine No. 80K62716108 and Chassis No. 426031KRZ223212 observing that a huge amount of money was payable by the appellant to the respondent financier.
(3.) The vehicle in question was financed by the respondent financier and remained hypothecated and/or charged with the respondent financier. Mr. Pradeep Kumar, learned Counsel appearing on behalf of the appellant challenged the impugned order on the ground that the application under Section 9 of the 1996 Act ought not to have been entertained in view of the amendments to Sections 9 and 17 of the 1996 Act, by the Arbitration and Conciliation (Amendment) Act, 2015.;