Kotak Mahindra Bank Through Deputy Manager Poonam Pawar v. Aseem Singhal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 148 OF 2026 Kotak Mahindra Bank Ltd.

...

APPLICANT : VERSUS :

Aseem Singhal ...

RESPONDENT Ms. Bijal K. Gogri i/b. GNP Legal, for the Applicant. CORAM : SANDEEP V. MARNE, J.

DATED : 21 APRIL 2026.

P.C :

1) This is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of Arbitrator for adjudication of disputes and differences arising out of Card Holder Agreement.

2) I have heard Ms. Gogri, the learned counsel appearing for the Applicant.

3) By order dated 26 March 2026, this Court had issued notices and issued hamdust. Ms. Gogri tenders Affidavit of service of hamdust 1 of

which indicates that notices are duly served on one of the addresses of the Respondent. However, none has appeared on behalf of the Respondent. 4) Perusal of the Card Holders Agreement indicates presence of arbitration agreement in Clause-32.2. The seat of arbitration is at Mumbai. In that view of the matter, it would be just and proper to constitute Arbitral Tribunal comprising of sole arbitrator. 5) I accordingly proceed to pass the following order : (A) J.M. Swift Consultancy is appointed as an Institute for conduct of institutional arbitration proceedings for adjudication of disputes and differences arising out of Card Holders Agreement. The details of the institute are as under : Office Address : Office No.307, 3rd Floor, M.K. Bhavan, S.B.S. Road, Ballard Estate, Fort, Mumbai-400 001.

Email :

jmswiftarbitration@gmail.com Contact No :

77210 43615 (B) A copy of this order be communicated to the Institute by the Advocate for the Applicant within a period of one week from the date of uploading of this order. The Institute shall nominate the Arbitrator within a period of two weeks of receipt of intimation about 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. 2 of

(D) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by him/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 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 proportion and shall be subject to the final Award that may be passed by the Tribunal 6) All issues on merits are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 7) With the above directions, the Arbitration Application is disposed of.

[SANDEEP V. MARNE, J.] by NEETA SHAILESH SAWANT Date:

2026.04.23 10:28:00 +0530 NEETA SHAILESH SAWANT 3 of