IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.140 OF 2026 TATA Capital Limited .. Applicant Vs. Nandamuri Transporters & Ors. .. Respondents Ms. Akshita Jain a/w Mr. Harshit Kumar i/b I.V. Merchant & Co., for Applicant. None for Respondents. CORAM : ARUN R. PEDNEKER, J. DATE : 25th JUNE 2026. P.C. : 1. Heard learned counsel appearing for the Applicant. 2. Learned counsel appearing for the Applicant submits that this Court, by order dated 8th June 2026, issued notice to the Respondents and granted liberty to serve them by all permissible private modes. 3. Learned counsel further submits that the representative of the Applicant attempted to effect service upon Respondent No.1; however, the notice could not be delivered as the premises were found closed. Respondent No.1 is a partnership firm, while Respondent No. 2 is the co-borrower and Respondent No. 3 is the guarantor under the loan agreement. It is further submitted that Respondent No. 2 was present at the address; however, his 1/5 14 CARAP 140.26.doc Dusane wife refused to accept service on his behalf. Consequently, the representative of the Applicant affixed the notice on a conspicuous part of the premises. The notice was also served upon Respondent No.2 through WhatsApp on mobile No. 9989777778 and by email at the email address mentioned in the loan agreement. 4. This Court issued Court notice on 8th June 2022 and the Registry issued notice through speed post. The Respondent no.2 refused the same. It is good service on Respondent no.2. Respondent no.3 was present at the Address of the Respondent no.2 and attempt of service on Respondent no.3 was made, she has also refused to accept the same. Thus, service letter was pasted on the premises. The representative of the Applicant also served service letter dated 10th June 2022 issued to the Respondent no.1 on WhatsApp and on email IDs i.e. nandamuritrasporors@gmail.com and Srinivasnandamuri3133@gmail.com. As such affidavit of service is filed. This Court deems service to be complete. 5. Learned counsel for the Applicant submits that they have extended a loan to the Respondents, and that the loan agreement contains a dispute resolution clause providing for arbitration under Clause 23 (at page 92). The said clause is reproduced hereunder: 2/5 14 CARAP 140.26.doc Dusane 23. Arbitration 23.1 All disputes, differences and/or claims, arising out of this Agreement or as to the construction, meaning or effect hereof or as to the rights and liabilities of the parties hereinunder shall be settled by arbitration to be held in Mumbai in accordance with the fast-track procedure contemplated under Section 29B of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof and shall be referred to sole Arbitrator to be appointed by the Lender. In the event of death, refusal, neglect, inability, or incapability of the person so appointed to act as an Arbitrator, the Lender may appoint a new arbitrator. The proceedings will be conducted in English language. The award of the Arbitrator shall be binding on all parties concerned.” She submits that the notice invoking arbitration was issued on 24th June 2024, and accordingly, the present application has been filed. 6. Having considered the material, this Court would pass the following order :- (A) Mr. Anurag Jain, learned Advocate of this Court is appointed as the sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above. The contact details of the Arbitrator are as under :- Mobile No. : 98337 59856 Email ID : anurag_11@hotmail.com/ ajassociateslaw@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 1 week from the date of 3/5 14 CARAP 140.26.doc Dusane uploading of this order. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this order. (C) Seat of the arbitration would be governed by the provisions of the agreement executed between the parties. (D) 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 Advocates for the Applicant so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Respondent. (E) 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 including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers, if any, of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration. 4/5 14 CARAP 140.26.doc Dusane (F) All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance and shall be subject to any final Award that may be passed by the Tribunal in relation to costs. 7. All contentions are expressly kept open to be agitated before the Arbitral Tribunal appointed as above. 8. With the above directions, Arbitration Application stands disposed of accordingly. (ARUN R. PEDNEKER, J.) 5/5 14 CARAP 140.26.doc Dusane