Crif High Mark Credit Information Services Private Limited v. Narainsons Investments Finance And Consultancy Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION APPLICATION NO. 177 OF 2024 Crif High Mark Credit Information Services Private Limited ...Applicant

Versus

Narainsons Investments Finance And Consultancy Private Limited

...Respondent

Mr. Jehaan Mehta, a/w Sanidhyaa Arora, i/b King Sheth & Kasiva for the Applicant.

None for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : JUNE 24, 2025 ORDER :

1.

This Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking appointment of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under an agreement dated March 3, 2022. The arbitration agreement is contained in Clause 14.2 (found at Page 46 of the Application). In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.07.11 17:13:05 +0530 falls within the jurisdiction of this Court.

ASHWINI JANARDAN VALLAKATI

2.

By invocation notice dated January 6, 2024, the Applicant has nominated its arbitrator, Mr. Ravi Gadagkar, a learned advocate of this Court. The Respondent has not nominated any arbitrator. Even a request and proposal for appointment of a sole arbitrator has not met with any reply by the Respondent.

3.

In these circumstances, since the arbitration agreement entails a three-member arbitral tribunal, there is no option but to appoint a nominee arbitrator on behalf of the Respondent. Mr. Amogh Singh, a learned advocate of this Court is hereby appointed as a nominee on behalf of the Respondent. The arbitrator nominated by the Applicant and the nominee arbitrator appointed on behalf of the Respondent hereby, shall jointly select the presiding arbitrator for conduct of arbitration in accordance with the arbitration agreement. 4.

With the aforesaid observations, this Application is finally disposed of.

5.

Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength Ashwini Vallakati

of the parties. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby. 6.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] Ashwini Vallakati