Kalpataru Retail Ventures Pvt Ltd v. Tricon Infra Buildtech Private Limited

1/2 22-CARAP-1-2026 (OS).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 1 OF 2026 Kalpataru Retail Ventures Pvt Ltd ...Applicant

Versus

Tricon Infra Buildtech Private Limited

...Respondent

_______ Mr. Vishal Kanade a/w Mr. Shrey Shah, Mr. Archit Rao, Mr. Sumeet Tyagi, Mr. Dinesh Parmar i/b Vidhi Partners, for the Applicant. Mr. Aman V. Dutta a/w Mr. Hitanshu P. Patil i/b Vinayak Pandit, (through V.C.), for the Respondent.

_______ CORAM : ARIF S. DOCTOR, J.

th APRIL, 2026 DATE : 6 P.C.

1.

In the morning session, after hearing learned counsel for the parties and given the very narrow issue relating to the disputes between the parties, I put to learned counsel whether their respective clients would be willing to submit their disputes and differences to mediation.

2.

Learned counsel for the Respondent requested that the matter be kept back to enable him to take instructions.

At 3:00 p.m.

3.

Learned counsel for the Respondent submits that his client is agreeable to submit their disputes and differences to mediation, keeping specifically open the aspect of interest.

Vaibhav

2/2 22-CARAP-1-2026 (OS).DOC 4.

Mr. Kanade, learned counsel for the Applicant submitted that all issues were to be kept open. Accepting this, I appoint Justice S. J. Kathawalla, former Judge of this Court, to act as the mediator. The details of Justice Kathawalla are as follows:

Mediator Justice S. J. Kathawalla Address: 43, Free Press House, 4th Floor, 215, Free Press Journal Marg, Nariman Point, Mumbai-400 021. Mobile: 9619180563 Email: skathawalla@gmail.com 5.

On a copy of this order being uploaded, learned counsel shall jointly approach Justice Kathawalla to fix the schedule of mediation. All the necessary costs, charges and expenses of the mediation shall be borne equally between the parties.

6.

It is to be noted that the Applicant is, in fact, willing to offer payment to the Respondent and therefore very little remains to bridge this gap. 7.

The parties agree that, pending mediation, they shall not praecipitate either of the two pending legal proceedings before them, namely the present application as well as the application pending before the NCLT. th April 2026.

8.

Stand over to 20 [ARIF S. DOCTOR, J.] Vaibhav