TATA MOTORS FINANCE SOLUTION LTD vs PARBEZ HAMID

Judgment text excerpt

24-ARBAP-121-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION ARBITRATION APPLICATION NO. 121 OF 2024 Tata Motors Finance Solution Ltd …Applicant Versus Parbez Hamid …Respondent Mr. Gaurav Jangle for the Applicant. Ms. Shabnam for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JUNE 12, 2025 Oral Judgement: 1. At the threshold, Learned Counsel for the Applicant submits that the Applicant-Tata Motors Finance Solutions Limited has merged into Tata Capital Limited pursuant to an order dated May 1, 2025 passed by the National Company Law Tribunal (“ NCLT”). The revised certificate of incorporation is yet to be received. Since the order has already been passed by the NCLT, liberty to effect the change in front of the Associate. Re-verification is dispensed with. ASHWINI JANARDAN VALLAKATI Digitally signed by ASHWINI JANARDAN VALLAKATI Date: 2025.06.19 12:06:24 +0530 Page 1 of 10 June 12, 2025 24-ARBAP-121-2024.doc 2. This Application under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”), has been made in connection with disputes and differences between the parties arising out of loan agreements dated June 30, 2018 and February 15, 2021 read with a fast track loan agreement dated March 25, 2021. It is common ground that the arbitration agreement is contained in clause 21 and 10 respectively in the aforesaid three agreements and the existence of the arbitration agreement is the sole issue that would arise for consideration by the Section 11 Court. In the interest of brevity, the arbitration agreement is not being extracted here. Suffice it to say that this matter falls within the jurisdiction of this Court. 3. However, there is a twist in the factual matrix of this case. The “Court” und