SAMRUDDHI INDUSTRIES LTD THROUGH ITS AUTHORISED SIGNATORY MR RAMAKANT NARAYAN MALU vs KOTAK MAHINDRA BANK LIMITED

Judgment text excerpt

J-914-ARBAP-35-2025-16.06.25.doc Ashwini Vallakati IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 35 OF 2025 Samruddhi Industries Ltd. Through Its Authorised Signatory Mr Ramakant Narayan Malu …Applicant Versus Kotak Mahindra Bank Limited …Respondent Mr. Rahul Totala a/w Chaitanya Mendon, Mitesh Jain i/b Swapnil Lohiya for the Applicant. Mr. Nikhil Sakhardande a/w Paras Parekh, Abhineet Sharma & Kandarp Trivedi, i/b RHP Partners, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : APRIL 15, 2025 PRONOUNCED ON : JUNE 18, 2025 JUDGEMENT: Context and Factual Background: 1. This Application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ( “the Act”), seeking appointment of an arbitrator in connection with disputes and differences that are said to have arisen between the parties under a Master Facility Agreement Digitally signed by ASHWINI JANARDAN dated December 18, 2018 (“Agreement”). The arbitration agreement is ASHWINI JANARDAN VALLAKATI VALLAKATI Date: 2025.06.18 10:52:56 +0530 Page 1 of 13 June 18, 2025 J-914-ARBAP-35-2025-16.06.25.doc Ashwini Vallakati contained in Clause 11.7 of the Agreement. Since the very existence of the arbitration agreement is in issue in these proceedings, it is necessary to reproduce the same below:- This Agreement shall be construed and governed in accordance with and governed by the laws of India. The Parties hereto expressly agree that all disputes arising out of and /or relating to this Agreement including any related documents shall be subject to the exclusive jurisdiction of the Courts/Tribunals of the city/town of the Branch Office or of the place which have territorial jurisdiction over the place in which the Branch is situated. Prov