Crif High Mark Credit Information Services Private Limited vs… — Arbitration | Bombay HC (2025)

Crif High Mark Credit Information Services Private Limited vs… — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with appointment of Mr. Amogh Singh as nominee arbitrator on behalf of the Respondent; the Applicant's nominee (Mr. Ravi Gadagkar) and Mr. Amogh Singh to jointly select the presiding arbitrator in accordance with the arbitration agreement; all merits issues expressly kept open.

Issue for consideration

Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 for disputes arising under the agreement dated March 3, 2022 (arbitration agreement in Clause 14.2), given the Respondent's failure to nominate an arbitrator or reply to the proposal for a sole arbitrator.

Court's answer

The matter falls within the jurisdiction of this Court (High Court of Judicature at Bombay, Commercial Division).

Ratio / Principle

Since the arbitration agreement entails a three-member arbitral tribunal and the Respondent made no nomination, the Court appointed Mr. Amogh Singh, a learned advocate of the Court, as nominee arbitrator on behalf of the Respondent.

Key takeaways

The arbitrator nominated by the Applicant (Mr. Ravi Gadagkar) and the nominee arbitrator appointed for the Respondent shall jointly select the presiding arbitrator for conduct of arbitration in accordance with the arbitration agreement.ratio¶ORDER ¶3
Nothing in the order is an expression of opinion on the merits of the matter or the relative strength of the parties; all issues on merits are expressly kept open to be agitated before the arbitral tribunal.obiter¶ORDER ¶6

Detailed headnote1 paragraphs

Bombay High Court (Commercial Division), Somasekhar Sundaresan J — Arbitration Application No. 177 of 2024 under Section 11, Arbitration and Conciliation Act, 1996. Disputes under an agreement dated March 3, 2022 whose arbitration agreement (Clause 14.2) contemplates a three-member tribunal. By invocation notice dated January 6, 2024 the Applicant (Crif High Mark Credit Information Services Pvt Ltd) nominated Mr. Ravi Gadagkar; the Respondent (Narainsons Investments Finance And Consultancy Pvt Ltd) nominated no arbitrator and did not reply to the proposal for a sole arbitrator. The Court appointed Mr. Amogh Singh as the Respondent's nominee arbitrator; the two arbitrators to jointly select the presiding arbitrator per the arbitration agreement. Application finally disposed of; the order expresses no opinion on merits and all merits issues are kept open before the tribunal.

38-ARBAP-177-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

ARBITRATION APPLICATION NO. 177 OF 2024

Crif High Mark Credit Information Services Private …Applicant Limited

Versus

Narainsons Investments Finance And Consultancy …Respondent Private Limited

Mr. Jehaan Mehta, a/w Sanidhyaa Arora, i/b King Sheth & Kasiva for the Applicant.

None for Respondent.

CORAM : SOMASEKHAR SUNDARESAN, J. DATE : JUNE 24, 2025

ORDER :

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 an agreement dated March 3, 2022. The arbitration agreement is contained in Clause 14.2 (found at Page 46 of the Application). 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.

Digitally signed byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate: 2025.07.11 17:13:05 +0530

Page 1 of 3 June 24, 2025

38-ARBAP-177-2024.doc

By invocation notice dated January 6, 2024, the Applicant has nominated its arbitrator, Mr. Ravi Gadagkar, a learned advocate of this Court. The Respondent has not nominated any arbitrator. Even a request and proposal for appointment of a sole arbitrator has not met with any reply by the Respondent.

In these circumstances, since the arbitration agreement entails a three-member arbitral tribunal, there is no option but to appoint a nominee arbitrator on behalf of the Respondent. Mr. Amogh Singh, a learned advocate of this Court is hereby appointed as a nominee on behalf of the Respondent. The arbitrator nominated by the Applicant and the nominee arbitrator appointed on behalf of the Respondent hereby, shall jointly select the presiding arbitrator for conduct of arbitration in accordance with the arbitration agreement.

With the aforesaid observations, this Application is finally disposed of .

Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength

Page 2 of 3 June 24, 2025

Ashwini Vallakati

38-ARBAP-177-2024.doc

of the parties. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

[ SOMASEKHAR SUNDARESAN, J.]

Page 3 of 3

June 24, 2025

Ashwini Vallakati