Icici Home Finance Company Limited v. Praveen Balasaheb Khedekar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.415 OF 2025 ICICI Home Finance Company Limited ....Applicant V/S Praveeen Balasaheb Khedekar & Anr.

....Respondents _________ Mr. Nikhil Rajani with Mr. Ajay Deshmane i/b M/s. V. Deshpande & Co. for the Applicant.

__________ CORAM : SANDEEP V. MARNE, J.

DATE : 23 JANUARY 2026.

P.C.:

1.

This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) arising out of Facility Agreement dated 21 March 2024.

2.

This Court had issued notices to the Respondents. Service report indicates that the notices have been served on the Respondents. None appears on behalf of the Respondents.

3.

I have heard Mr. Rajani, the learned counsel appearing for the Applicant and have considered the submissions canvassed by him. 4.

Perusal of the clause 15.14 (b) of the Facility Agreement indicates presence of arbitration clause for adjudication of disputes and differences between the parties. In view of clear agreement between the parties to arbitrate, in my view, it would be just and proper to constitute Arbitral Tribunal of the learned sole Arbitrator. 1 of

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Accordingly, I proceed to pass the following order: A) Ms. Apurva Gupte, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Contracts for supply of Goods. The contact details of the Arbitrator are as under: Office Address:- 521, 5th Floor, Commerce House, Fort, Mumbai.

Mobile No:- 98207 12185 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 Arbitration Act to the parties within a period of two 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 sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) 2 of

k 3/3 10 arbap 415.25 os.doc 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. 6.

All contentions of parties on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 7.

With the above directions, Arbitration Application is allowed and disposed of. There shall be no order as to costs. (SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2026.01.27 16:21:00 +0530 SUDARSHAN RAJALINGAM KATKAM 3 of