IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.216 OF 2026 Tyger Capital Private Limited ] .. Applicant Versus 1. Advanced IT Solutions ] 2. Pallavi Prashant Khampria ] 3. Prashant Mangal Khampria ] .. Respondents Mr. Ahan Gadkari with Ms. Shreya Bhatia, Advocates, i/by Mohit Gadkari & Co., for the Applicant. Ms. Aafreen S. Shaikh, Advocate for the Respondents. CORAM : GAUTAM A. ANKHAD, J. DATE : 3rd September, 2026. P.C. : 1. This Section 11 Application is filed seeking appointment of an Arbitrator in relation to the disputes that have arisen under the Facility Letter cum Agreement dated 31st August 2025 (“Facility Agreement”) and Letter of Guarantee dated 31st August 2025 (“Guarantee Agreement”) executed between the parties. The arbitration agreement between the parties is recorded at Clause No.17 of the Facility Agreement and Clause 12 of the Guarantee Agreement, the relevant portion of which reads as under:- 1/6 4-ARBAP-216-2026.doc Dixit “Facility Letter cum Agreement: 17. DISPUTE RESOLUTION 17.1 All disputes, differences, claims and questions whatsoever arising out of this Facility Letter or the breach, termination or invalidity hereof between the Parties (“Dispute") shall be resolved through arbitration and in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (including any statutory modification or re-enactment thereof from the time to time) for settlement of the Dispute. 17.2 The Dispute shall be referred to a sole arbitrator, to be appointed by the Company. The arbitration proceedings shall be held at Mumbai in the English language. 17.3 The arbitrator's award shall be: (a) in writing and shall contain reasons for the decision and (b) binding on the Parties and enforceable in any competent court of law. The award shall allocate or apportion the costs of the arbitration as the arbitrator deems fair. The Company shall be entitled to seek interim relief from the courts of India. 17.4 Neither the existence of any Dispute nor the fact that any arbitration is pending hereunder shall relieve any of the Parties of their respective obligations under this Facility Letter. The pendency of Dispute in any arbitration proceeding shall not affect the performance of the obligations under this Facility Letter Letter of Guarantee: 12. Dispute RESOLUTION Subject to the provision of clause No. 15 above, if any disputes, disagreement, differences ("Dispute") arise between the Parties (including any Borrower(s)) during the subsistence of the Agreement and/or thereafter, in connection with, inter alia, the validity, interpretation, implementation and/or alleged breach of any provision of the Agreement, jurisdiction or existence/appointment of the arbitrator or of any nature whatsoever, then, the Dispute shall be referred to a sole arbitrator who shall be appointed by the Company. In any circumstance, the appointment of the sole arbitrator by the Company shall be and shall always deemed to be the sole means for securing the appointment/nomination of the sole arbitrator, without recourse to any other alternative mode of appointment of the sole arbitrator. 2/6 4-ARBAP-216-2026.doc Dixit The place of the arbitration shall be in Mumbai or such other place as may be notified by the Company and the arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996 (or any statutory re-enactment thereof, for the time being in force) and shall be in the English language. The award shall be binding on the Parties subject to the applicable laws inforce and the award shall be enforceable in any competent court of law” 2. Mr. Gadkari, learned counsel appearing for the Applicant submits that vide Sanction Letter dated 31st August 2025 and the consequent Facility Agreement, Respondent no. 1 availed a loan facility of Rs. 2,00,00,000/- from the Applicant. Respondent nos. 2 and 3 are the guarantors for the said facility under the Guarantee Agreement. Respondent no. 1 has defaulted in the re- payment of the loan facility and has further failed to regularize the account. In these circumstances, the Applicant addressed legal notice dated 7th March 2026, whereby the Applicant recalled Sanction Letter, Facility Agreement and the Guarantee Agreement and called upon all the Respondents to pay the amounts stated therein failing which the Applicant would be constrained to proceed further to arbitration. There was no reply to the said notice. 3. Ms. Shaikh, learned counsel appearing for the Respondents, admits to the existence of the Agreement and invocation of arbitration. She submits, on instructions, that the respondents are not opposing appointment of arbitrator. 4. The record demonstrates that the parties have executed the Facility 3/6 4-ARBAP-216-2026.doc Dixit Agreement and Guarantee Agreement. The Applicant has invoked arbitration by its Advocate’s notice dated 7th March 2026 which notice has been received by the Respondents. The acknowledgment receipts are at pages 75 to 80 of the paper-book. At this stage, this Court is only required to examine whether an arbitration agreement exists between the parties and whether arbitration has been validly invoked. I am satisfied that there exists a valid arbitration agreement in the Facility Agreement and the Guarantee Agreement and the same has been validly invoked on 7th March 2026. The learned counsels have jointly suggested the name of an Arbitrator. Hence, this Application is allowed in terms of the following order:- [A]. Dr. Shirish Gadge, Retired District Judge is hereby appointed as the sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Facility Agreement and the Guarantee Agreement referred to above. The contact details of Dr. Shirish Gadge, the sole Arbitrator, are as under: Office Address : Flat no. A-101, 10th Floor, ‘A’ Wing, Iris Park, near Amboli Police Station, Patel Estate Road, Jogeshwari (West), Mumbai – 400 102. Mobile Number : 9929944044 E-mail ID : Shirish.s.gadge@gmail.com 4/6 4-ARBAP-216-2026.doc Dixit [B]. A copy of this order will be communicated to the learned Arbitrator by the Advocate for the Applicant within a period of one week from the date on which this order is uploaded on the website of this Court. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this order; [C]. The learned Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocate 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 Advocate for the Applicant to the Respondents; [D]. The parties shall appear before the learned Arbitrator on such date either on V.C. mode or at such place as indicated 5/6 4-ARBAP-216-2026.doc Dixit to obtain appropriate directions with regard to conduct of the arbitration including fixing schedule for pleadings, examination of witnesses, schedule of hearings etc. [E]. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Act read with the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018. [F]. All issues, claims and counterclaims are kept open to be agitated before the Tribunal. [G]. The arbitration shall be held at Mumbai. [ GAUTAM A. ANKHAD, J. ] 6/6 4-ARBAP-216-2026.doc Dixit SNEHA ABHAY DIXIT Digitally signed by SNEHA ABHAY DIXIT Date: 2026.09.07 10:40:59 +0530