Ms Omkar Motors Pvt Ltd v. Tata Motors Passengers Vehicles Ltd

2026:BHC-OS:2621 Megha 24_arbap_438_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.438 OF 2025 M/s. Omkar Motors Pvt. Ltd.

...Applicant V/s.

Tata Motors Passenger Vehicles Ltd.

...Respondent

______________ Mr. Anirudh Bhalwal with Mr. Pritesh Haridas Bodekar i/b. M/s. Vyas and Bhalwal for the Applicant.

Ms. Tikshta Modi (through VC) with Ms. Magdhi Pawar for the Respondent.

______________ CORAM: SANDEEP V. MARNE, J.

DATED: 28 JANUARY 2026.

P.C.:

1) This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator for adjudication of disputes and differences between the parties arising out of an Agreement dated 11 October 2019.

2) Ms. Modi, the learned counsel appearing for the Respondent fairly agrees that there is agreement to arbitrate between the parties.

3) In view of the consensus prevailing between the parties, it would be just and proper to constitute sole Arbitral Tribunal for 1 of

Megha 24_arbap_438_2025.docx adjudication of disputes and differences between the parties arising out of an Agreement dated 11 October 2019.

4) Accordingly, I proceed to pass the following order:- (A) Mr. Justice P.D. Kode, former Judge of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Agreement dated 11 October 2019. The contact details of the Arbitrator are as under :

Office Address :- Flat No.702, 7th Floor, Building No.56/B, Chintamani Judges Cooperative Housing Society Ltd., Pratiksha Nagar, Sion, Mumbai-400 022.

Mobile No. :- 9969101100 (B) A copy of this order be communicated to the learned sole Arbitrator by the Advocates 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 him, to obtain appropriate direction with regard to conduct of the arbitration 2 of

Megha 24_arbap_438_2025.docx 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.

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

6) With the above directions, the Application is disposed of. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 30/01/2026 11:41:04 3 of