Tata Capital Limited v. Genset Electrical Solutions International Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 1 OF 2026 TATA Capital Ltd.

.....APPLICANT : VERSUS :

Genset Electrical Solutions International Private Limited ....RESPONDENT Ms. Mahtab Katariya i/b. Katariya Law Associates LLP, for the Applicant. CORAM :

SANDEEP V. MARNE, J.

DATED :

21 JANUARY 2026.

P.C :

1) Heard Ms. Katariya, the learned counsel appearing for the Applicant.

2) She tenders Affidavit of private service which is taken on record. The Affidavit indicates that the application was served on the Respondents vide notice dated 26 December 2025 by speed post and the postal tracking report indicates that the packets have been delivered on the Respondents. Thereafter, separate intimations dated 14 January 2026 are served on the Respondents indicating today's date of hearing, both by speed-post, as well as by email. The postal tracking receipt indicates that even notice dated 14 January 2026 has been served through speed-post. Upon receipt of email, Respondents have responded by way of email on 17 January 2026 raising certain conditions on merits. They have assured repayment of balance amount after completion of the pending project. Respondents have not disputed existence of Arbitration Agreement.

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3) The disputes and differences between the parties have arisen out of Loan-Guarantee Agreement dated 13 December 2024 which contains arbitration clause.

In view of express agreement between the parties, it would be just and proper to constitute Arbitral Tribunal of a sole Arbitrator. Accordingly, I proceed to pass the following order : (A) Ms. Shruti Tulpule, an Advocate of this Court is appointed as Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of an LoanGuarantee Agreement referred to above. The contact details of the Arbitrator are as under :

Email ID :- satulpule@outloook.com Mobile No.:- 98234 74226 (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocate for the Applicant within a period of one week from the date of uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith a copy of this order.

(C) The learned sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the parties within a period of 2 weeks from receipt of a copy of this order. (D) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by her, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. (E) The fees of the sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) 2 of

Rules, 2018 and the arbitral costs and fees of the Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal. 4) All rights and contentions of the parties are expressly kept open to be raised before the Arbitral Tribunal. 5) With the above directions, the Arbitration Application is disposed of.

[SANDEEP V. MARNE, J.] Digitally signed by NEETA SHAILESH SAWANT Date:

2026.01.23 18:01:12 +0530 NEETA SHAILESH SAWANT 3 of