Tata Motors Passenger Vehicles Limited vs Ghosh Brothers Automobiles

Judgment text excerpt

Neeta Sawant CARAP(L) 26333 of 25 and CARAP(L) 25611 of 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION (L) NO.26333 OF 2025 Tata Motors Passenger Vehicles Ltd. & Anr. ...Applicants V/s. Ghosh Brothers Automobiles & Ors ...Respondents WITH COMMERCIAL ARBITRATION APPLICATION (L) NO.25611 OF 2025 Tata Motors Passenger Vehicles Ltd. & Anr. ...Applicants V/s. Ghosh Brothers Automobiles & Ors. ...Respondents ____________________________ Mr. Vaibhav Charalwar with Ms. Tikshta Modi and Ms. Magdhi Pawar i/b M/s. Akhil Modi & Associates for the Applicants in CARAP(L) 26333/2025. Ms. Stephanie Pereira with Ms. Tikshta Modi i/b M/s. Akhil Modi & Associates for the Applicants in CARAP(L) 25611/2025. Mr. Prashant Chande with Ms. Sejal Shah i/b Daru Shah for Respondent Nos. 1 to 3 in CARAP(L) 26333/2025. Page No. 1 of 32 12 FEBRUARY 2025 Neeta Sawant CARAP(L) 26333 of 25 and CARAP(L) 25611 of 2025 Ms. Sejal Shah i/b Daru Shah for Respondent Nos. 1 to 3 in CARAP(L) 25611/2025. ______________ CORAM: SANDEEP V. MARNE, J. JUDG. RESD. ON: 29 JANUARY 2026 JUDG. PRON. ON: 12 FEBRUARY 2026 Judgment: 1) These Applications are filed by the Applicants under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of arbitrator in terms of Clause 43.2(a) of the Dealership Agreements dated 26 December 2012 and 9 July 2013 for adjudication of disputes and differences with the Respondents. 2) The issue involved in both the Applications is common. However, for the facility of reference, the facts involved in Commercial Arbitration Application (L) No. 26333 of 2025 are referred throughout the judgment. 3) Applicant No.1-Tata Motors Passenger Vehicles Ltd., which was formerly known as Tata Motors L