Tata Capital Limited v. Swami Samarth Electronics Private Limited And ANR

2026:BHC-OS:4721 Megha 35_arbap_6_2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.6 OF 2026 Tata Capital Financial Services Limited ...Applicant V/s.

Swami Samarth Electronics Private Limited and Anr.

...Respondents

________________ Ms. Bijal K. Gogri i/b.Mr. Onkar M. Gujar for the Applicant. None for the Respondents.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 17 FEBRUARY 2026.

P.C.:

1) This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) for appointment of Arbitrator for adjudication of disputes and differences between the parties arising out of Business Loan Agreement dated 25 September 2023.

2) I have heard Ms. Gogri, the learned counsel appearing for the Applicant. Mr. Pawar, the learned counsel had appeared on behalf of the Respondents on 2 February 2026 and has made a statement that the Respondents are willing to settle the loan account amicably. However, today, none appears on behalf of the Respondents. 1 of

Megha 35_arbap_6_2026 3) Ms. Gogri submits that no concrete offer for settlement is received from the Respondents and that she has instructions to proceed ahead with the Application.

4) Perusal of the Business Loan Agreement would indicate presence of arbitration clause No.9. The Seat of the arbitration is agreed as Mumbai. In that view of the matter, it would be just and proper to constitute Arbitral Tribunal of a sole Arbitrator. 5) Ms. Gogri requests for appointment of Arbitration Institute for conduct of online arbitration proceedings. 6) Accordingly, I proceed to pass the following order: (A) M/s. Setlen Arbitration & Dispute Resolution Forum is appointed as Institute for conduct of institutional arbitration proceedings for adjudication of disputes and differences between the parties arising out of Business Loan Agreement dated 25 September 2023. The contact details of the Institute are as under : Office Address:- 1st Floor, Insurance Building, Opp. New Excelsior Mukta Cinema, D.N. Road, Fort, Mumbai-400 001 Email:- support@setlen.co.in (B) The Institute shall nominate the Arbitrator within two weeks of receipt of intimation of this order from the Applicant. The Applicant shall provide the contact and communication particulars 2 of

Megha 35_arbap_6_2026 of the parties to the Arbitral Tribunal alongwith a copy of this order.

(C) The learned 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 Arbitrator on such date and at such place as indicated by him/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 Arbitrator shall be as prescribed in the schedule of the Institute 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. 7) All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 8) With the above directions, the Application is disposed of. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 20/02/2026 14:46:00 3 of