Tata Capital Limited v. Reji Pp

Renuka 30-CARAP-596-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 596 OF 2025 Tata Capital Limited ...Applicant V/s.

REJI PP and Anr.

...Respondents

________________ Mr. Siddhant Dalvi with Ms. Kunjita Shah i/b I. V. Merchant and Co., for Applicant.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 17 APRIL 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 resolution of disputes and differences between the parties arising out of Loan-cum-hypothecation-cumguarantee Agreement dated 10 August 2023. 2) I have heard Mr. Dalvi, the learned counsel appearing for Applicant. By order dated 21 November 2025, this Court had issued notice to Respondents.

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Renuka 30-CARAP-596-2025 3) Office report indicates that the notices have been duly served on the Respondents.

4) However, none has appeared on behalf of the Respondents. 5) Perusal of the Loan-cum-hypothecation-cum-guarantee Agreement would indicate presence of Arbitration clause No. 23. Seat of the Arbitration is at Mumbai.

6) Since this court is satisfied about existence of Arbitration Agreement between the parties, it would be just and proper to constitute Arbitral Tribunal comprising of a sole Arbitrator. 7) Accordingly, I proceed go pass the following order:- (A) Ms. Spenta Kapadia, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of Loan-cum-hypothecation-cumguarantee Agreement dated 10 August 2023. The contact details of the Arbitrator are as under :

Office Address : 29/29A, Alli Chambers, Tamarind Lane, Fort, Mumbai- 400 001 Email id :

spentahavewala@gmail.com (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 2 of

Renuka 30-CARAP-596-2025 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 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.

8) All rights and contentions of the parties are expressly kept open to be agitated before the Arbitral Tribunal.

9) With the above directions, the Application is disposed of. [SANDEEP V. MARNE, J.] 3 of