Ambit Finvest Private Limited v. Sixth Element Furnishing Solutions Private Limited

2026:BHC-OS:9258 Megha 5_arbap_105_2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.105 OF 2026 Ambit Finvest Private Limited, Erstwhile Volitin Credit and Holdings Private Limited ...Applicant V/s.

Sixth Element Furnishing Solutions Private Limited and Ors.

...Respondents

________________ Mr. Nikhil Mehta i/b. M/s. KMC Legal Venture for the Applicant. ________________ CORAM: SANDEEP V. MARNE, J.

DATED: 10 APRIL 2026.

P.C.:

1) The Application is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) for appointment of the Arbitrator for adjudication and disputes and differences between the parties arising out of Loan Agreement dated 28 September 2024. 2) I have heard Mr. Mehta, the learned counsel appearing for the Applicant.

3) By order dated 6 January 2026 this Court had issued notices to the Respondents and had granted hamdast. Affidavit of service indicates that the hamdast notices have been dispatched by speed post 1 of

Megha 5_arbap_105_2026 and duly served on the Respondents. However, none has appeared on behalf of the Respondents.

4) Perusal of the Loan Agreement dated 28 September 2024 would indicate presence of arbitration clause No.25. The jurisdiction of court is at Mumbai. The seat and the venue is also at Mumbai. I am therefore prima facie satisfied about existence of arbitration agreement between the parties.

5) Mr. Mehta submits that arbitration can be conducted through online mode and requests for institutional arbitration for conduct of online hearings.

6) Accordingly, I proceed to pass the following order:- (A) M/s. Presolv360, is appointed as Institute for conduct of institutional arbitration proceedings for adjudication of disputes and differences between the parties arising out of Loan Agreement dated 28 September 2024. The contact details of the Institute are as under :

Office Address:- Esperanca Building, Colaba, Mumbai400 001. Mobile No.:- 8447728708 Email id:- info@presolv360.com (B) A copy of this order be communicated to the Institute by the Advocates for the Petitioner within a period of one week from the date of uploading of this order. The Institute shall nominate the 2 of

Megha 5_arbap_105_2026 Arbitrator within a period of two weeks of receipt of intimation about 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 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 sole Arbitrator shall be as prescribed under the Bombay High Court (Fee Payable to Arbitrators) 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.

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: 10/04/2026 20:34:17 3 of