Tata Capital Housing Finance Limited vs Inderjeet Sahni

Judgment text excerpt

Neeta Sawant CARAPL-35431 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION (L) NO.35431 OF 2025 Tata Capital Housing Finance Limited …..APPLICANT : VERSUS : Inderjeet Sahni and others ….RESPONDENTS WITH COMMERCIAL ARBITRATION PETITION (L) NO.35458 OF 2025 Tata Capital Housing Finance Limited ….. PETITIONER : VERSUS : Inderjeet Sahni and others ….RESPONDENTS Mr. Aseem Naphade with Mr. Nikhil Mehta i/b KMC Legal Venture, for Applicant/Petitioner. Mr. Aman Vijay Dutta (Through VC) with Mr. Hitanshu Patil & Mr. Indranil Maity i/b Mr. Vinayak Pandit, for Respondents. Digitally signed by NEETA CORAM : SANDEEP V. MARNE, J. NEETA SHAILESH SHAILESH SAWANT SAWANT Date: Reserved On: 22 JANUARY 2026. 2026.02.02 18:41:30 +0530 Pronounced On: 02 FEBRUARY 2026. Judgment : 1) Applicant/Petitioner-Lender has filed the present proceedings for appointment of an Arbitrator and for interim measures before commencement and during pendency of arbitral proceedings. Commercial Arbitration Application (L) No.35431 of 2025 is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of Arbitrator pursuant to clause 12 of the Loan ____________________________________________________________________________ PAGE NO. 1 of 40 2 February 2026 Neeta Sawant CARAPL-35431 OF 2025 Agreement for adjudication of disputes and differences between the parties. Commercial Arbitration Petition (L) No.35458 of 2025 is filed under Section 9 of the Arbitration Act seeking interim measures against Respondents to restrain them from selling, transferring, alienating, encumbering, creating third party rights or parting with possession of the mortgaged asset with further direction for demarcation thereof