Tata Capital Housing Finance Ltd v. Kamaljit Kaur Kaler

2026:BHC-OS:7696 Renuka 28-CARAP649-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.649 OF 2025 Tata Capital Housing Finance Ltd ...Applicant V/s.

Kamaljit Kaur Kaler and Ors.

...Respondents

________________ Ms. Minakshi A. Gilatar for the Applicant.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 27 March 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 Home Loan Agreement dated 28 February 2018. 2) I have heard Ms. Gilatar, the learned counsel appearing for Applicant.

3) This court issued notices to the Respondents. Office report indicates that the Respondents have been duly served. However, none appears on behalf of the Respondents. Perusal of Home Loan Agreement would indicate existence of Arbitration clause No. 12.18. The seat of the 1 of

Renuka 28-CARAP649-2025 Arbitration is at Mumbai. In that view of the matter it would be just and proper to constitute Arbitral Tribunal comprising of a sole Arbitrator. The Arbitrator can be nominated by the Arbitral Institute. 4) I accordingly proceed to pass the following order:- (A) M/s Presolv360 is appointed as Arbitration Institute for adjudication of disputes and differences between the parties arising out of Home Loan Agreement dated 28 February 2018. The contact details of the Institute are as under : Office Address : Esperanca Building, Colaba, Mumbai- 400 Email id :

info@presolv360.com Contact No.

8447728708 (B) A copy of this order be communicated to the Institute by the Advocates for the Applicant within a period of one week from the date of uploading of this order. The Institute shall nominate the Arbitrator within 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 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.

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Renuka 28-CARAP649-2025 (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 in the schedule of the Institute 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. 4) All rights and contentions of the parties are expressly kept open to be agitated before the Arbitral Tribunal.

5) With the above directions, the Application is disposed of. [SANDEEP V. MARNE, J.] Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 30/03/2026 21:07:32 3 of