ADITYA BIRLA HOUSING FINANCE LIMITED vs RISE PROJECTS PVT LTD

Judgment text excerpt

9-CARAP-198-2024 - F.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 198 OF 2024 (U/s. 11 of A & C Act, 1996) Digitally WITH signed by SHRADDHA SHRADDHA KAMLESH COMMERCIAL ARBITRATION PETITION NO. 373 OF 2024 TALEKAR KAMLESH TALEKAR Date: (U/s. 9 of A & C Act, 1996) 2025.07.16 21:24:27 +0530 Aditya Birla Housing Finance Limited … Applicant/Petitioner Vs. M/s. Rise Projects Pvt. Ltd. .. Respondent Mr. Vishal Maheshwari a/w. Ms. Shrishty Punjabi i/b V M Legal, for Applicant/Petitioner. Ms. Naira Jeejeebhoy, Counsel a/w. Ms. Ragini Singh, Ms. Sanjana Salvi, Ms. Priya Rai, Ms. Varsha Madhukar and Ms. Pooja Pandey, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. Date : July 8, 2025 Oral Judgement : Context and Factual Background: 1. This Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking reference of disputes and differences between the parties under two Tripartite Agreements dated Page 1 of 21 March 28, 2025 Shraddha 9-CARAP-198-2024 - F.doc November 2, 2016 (“Agreements”) executed by the Applicant (“Lender”), the Respondent (“Developer”), and one Mr. Neeraj Choudhary (“Borrower”). 2. By the Agreements, it was contemplated that the Lender would lend funds to the Borrower in connection with development of two bungalows located in Haryana that were being constructed by the Developer. The Developer is based in Delhi and is said to have no presence whatsoever in the State of Maharashtra. Consequently, a preliminary objection has been raised by the Developer, questioning the territorial jurisdiction of this Court for this Application to be entertained. 3. The short question that falls for consideration is whether this C