Priyanka Communications India Pvt Ltd vs Tata Capital Limited

Judgment text excerpt

18-CARBP-97-2025 copy.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SHRADDHA SHRADDHA KAMLESH IN ITS COMMERCIAL DIVISION KAMLESH TALEKAR TALEKAR Date: 2025.02.07 COMMERCIAL ARBITRATION PETITION NO. 97 OF 2025 11:14:53 +0530 Priyanka Communications India Pvt ...Petitioner Versus Tata Capital Limited ...Respondent Mr. Atul Damle, Senior Advocate a/w. Premlal Krishnan, Nadeem Shama, Rehmat Lokhandwala, Hrishikesh Nadkarni and Siddharth Seshadri i/b PAN India Legal Services LLP, for Petitioner. Mr. Rohan Savant a/w. Mr. Mayur Bhojwani, Mr. Aauam Mehta i/b Manilal Kher Ambabal & Co, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. Date : February 4, 2025 ORAL JUDGEMENT: 1. This is a Petition filed invoking Sections 12, 13 and 14 of the Arbitration and Conciliation Act, 1996 (“the Act”), requesting this Court to set aside an order dated November 11, 2024, by which, the Learned Sole Arbitrator, (appointed by an order of this Court under Section 11 of the Act on October 15, 2024) has not recused himself at the request of the Petitioner. Page 1 of 7 February 4, 2025 18-CARBP-97-2025 copy.docx 2. The material on record brought to bear by the Petitioner, essentially covers the disclosure made by the Learned Sole Arbitrator on November 11, 2024, setting out the nature of relationships between the Learned Sole Arbitrator with affiliates of the Respondent. These disclosures are essentially about a few matters where the Learned Sole Arbitrator had represented some affiliates of the Respondent. The Petitioner has also brought to bear a range of other past representations, which would lead to the factual matrix that would enable the Petitioner to invoke the Fifth Schedule of the Act i.e. to raise justifiable doubts as to indepen